My marriage began as a sham

[Jawaree 717]

Get an atty ...many do free consults.. on the net it'll just be a hot mess too

explain it all to the atty ...there R undocumented who have worked paid tax

never get a refund , discloses it & obtain GC, this is not DIY case. I don't know

how it works

[Cam54 84]

I would never admit to the first filing being fraudulent , just say you couldn't cope with distance and are wanting to try again to be together now.

[MedRoni 161]

I would never admit to the first filing being fraudulent , just say you couldn't cope with distance and are wanting to try again to be together now.

I would never admit to being proud of the fact I would lie to immigration officers to benefit myself. If they take this advice and lie, then get caught they are done. No chance. We are not here to encourage lies... it is against the forum policy and it really is not beneficial to the OP and their situation at all.

Getting a good immigration attorney and being honest about the entire situation is the best chance of getting through the process. Coming clean now and getting it all taken care of is far better then fighting through it long term during every step of the way... only to be banned.

[Crashed~N2~Me 970]

1st) You have 2 different issues (overstay & bona fide marriage) & I suggest you stop being the 1 to mix the 2.

2nd) You don't have to lie to fix this. Just present the facts... only the facts & shut up. Don't volunteer anything other than the facts. Only speak when spoken to. Only Answer when asked. Think = Contain & Maintain.

This is not nearly as difficult as you seem to think.

[shekooo 4]

it will work out ,get attorney and be patient , it will take time ,but as long as it is real marriage and both of u r in states it will just b a matter of time,yes more like 'green card ' movie ,,goodluck

[bigdog 376]

Attorney Shusterman in Los Angeles used to work for USCIS.

[olsan3 8]

ah i saw the GreenCard movie.. aha indeed it was a lot like this.

[doug/sherry 26]

_{Considering the circumstances, I believe you have a long row to hoe!...You live in different states whats going to change after}

_{you apply for citizenship? Then, you want to lie to your attorney? You better tell your attorney everything, they work for you, you}

_{dont work for them. If I was an attorney and found out you lied to me from the gitgo, I would drop you as a client.....Good luck and be honest, there is such a thing as client-attorney privacy..}

[Juliet and Steve 93]

I agree with those that you need a good attorney--one who does only immigration law. There seemed to be a few recommended ones in this thread that sound good to me. Remember, there is no need to have an attorney near you, things can be done via phone/skype and email today.

You needn't worry about being totally truthful with an attorney. They never act as judges and won't drop a case once they've accepted it. Even if an attorney refuses to accept your case, even USCIS cannot demand information from that attorney which is called attorney-client privilege. Lawyers do not judge. They may say to you that under the circumstances they advise this or that but they won't blame/shame or walk out on you. (Unless as Doug/Sherry noted: if they catch you lying to them, then they can drop you, and probably will).

Though highly unlikely please remember that when a person admits to breaking a law on the internet it is a relatively simple matter to find that person. Were USCIS or some other law enforcement agency to take an interest it is not difficult to subpoena each entity that this thread went through which will lead back to your computer (or the computer you are sending this from which, of course could be in a library or college). If you send this from a home computer then you, or someone in your abode has an account with an ISP (Internet Service Provider) and that ISP will turn over, if subpoenaed, who owns that account.

Many people here have frowned at your admitting to immigration fraud (as evidenced by the number who clicked on the "you're bad" thread. Yet here in my tiny state of New Hampshire there are today, more then 10,000 people not only doing the same thing but who are working illegally. Things need to be looked at in perspective.

You state that now you have a valid relationship. Ok then the Immigration Fraud is in the past and we are onto a new chapter. Let's assume for a moment that you did commit immigration fraud but now have a valid relationship. Most crimes have a Limitation of Actions, for instance if you get chased for speeding in the state of New Hampshire, are identified, but you get away and visit a brother in another state for 6 months, guess what? When you return you cannot be prosecuted.

However, though I am no lawyer, it appears that Immigration Fraud violates several federal laws and from what I have read, two of these have no limitation of action. Therefore it appears that even if you manage to work things out as a valid marriage and he becomes a citizen then it appears that at any time in the future you and he could be charged and prosecuted.

"In 1986 Congress passed the Immigration Marriage Fraud Amendment. This act sets the penalties imposed on persons who enter into fraudlent marriages to obtain resident status for a foreign national. Both parties can be charged with a federal felony which carries a 2-5 year federal prison sentence and a maximum of $250,000 fine. After serving the imposed sentence the foreign national will be permanently deported and the U.S. citizen will have a record of a federal felony conviction."

Your case is exceedingly complex--find a lawyer who specializes in immigration law, preferably one who specializes in immigration violations/criminal cases. But again, to this lawyer you can tell everything, they will never "rat you out." (Report you to officials).

Edited August 19, 2013 by Juliet and Steve

[Togbega II 25]

Search for this immigration lawyer who is well known in US immigration issues. He is MITCHELL J. COHEN-HALLANDALE BEACH, FLORIDA.

I have read here on VJ how he's helped people with worst cases than yours. Good luck

Search for this immigration lawyer who is well known in US immigration issues. He is MITCHELL J. COHEN, HALLANDALE BEACH, FLORIDA.

I have read here on VJ how he's helped people with worst cases than yours. Good luck

[Protocol417 161]

_{You live in different states whats going to change after} you apply for citizenship?

I think the reason they live in different states was because of the OP's state's tough immigration laws, the implication being that once the OP's spouse is legal they will be able to live together again because the laws will no longer be a deterrent.

[Cathi 5,716]

I would never admit to the first filing being fraudulent , just say you couldn't cope with distance and are wanting to try again to be together now.

bad advice. it is better to come clean now, than get caught in the lie later

[eth 5]

First of all you make a huge and embarrassing mistake by admitting anything online.... With that said the only options from here are to be truthful and honest... Me speaking as a US Citizen (BORN) I can only say that I am very judgmental to those who defy the actual immigration laws even if all of us at one time were immigrants. There is a process and the laws are specific... Follow them and you have at least a leg to stand on, but dancing around the laws or trying to play with them will make it much more painful if you both are serious... First if it is required for him to leave while you go through this process then " So Be It", it is a process and there is a right and wrong way to do this.

There is nothing more offensive as a US Citizen to have to go through this process and have to prove a relationship and that I have or make enough money to support my fiancé. I see day in and day out plenty of US citizens having kids that can not afford them yet, I have to prove that I make enough money only to marry the love of my life... If you really want to know the truth... I suggest you talk to him and if you are serious about your relationship, you need to follow the laws that have been placed regardless of how ridiculous. I will not begin to go through the "HELL" me and my fiancé have been through and trust me if he has been living HIGH on the horse illegally its time that you both were humbled and do it correctly... If Love is the foundation then it wont matter, but by you coming on here to post this "Your Story" publicly you have already sadly made you and his journey more difficult... Time nor Distance never interferes with love.... You all have been playing from state to state, try playing from country to country!

Do it right and be truthful.... It may be painful, but I live by the standard of "The Truth HURTS, but Will Set You FREE"...

[Enigma11561 336]

1. You did commit fraud by entering into a marriage for the purpose of just getting a green card

2. After the marriage you never even tried to apply for the green card. (huh?)

3. Now you are attempting to commit fraud again by using "cold feet" as a way to explain away the 2 year delay in filing.

4. You live separately because he needs to work illegally in another state.

5. Technically ( I believe) he is still here illegally since you never filed to adjust his status.

You have a lot going against you here. The advise to seek a competent lawyer is wise as trying to do this yourself will be next to impossible.

Asking us for advice on how to circumvent all this is against the TOS of this site and no one can offer anything but to seek legal assistance.

You do need to be brutally honest with yourself and the lawyer and be prepared to accept whatever the outcome will be.

[Junieko 7]

I would never admit to the first filing being fraudulent , just say you couldn't cope with distance and are wanting to try again to be together now.

I kinda agree with this comment actually. I know its' a lie but you don't have to tell the whole truth. If you are both really love each other there are a lot more points you can prove the marriage is real and you guys love each other. Honesty is great don't get me wrong but too honest I'm not sure if it works for the world we live in right now.

again. just my opinion.