Risk of Prosecution if GC Petition is Denied

[doingmybest 0]

I am the US citizen. My wife and I are currently in the AOS process with the 2nd interview (very likely Stokes) scheduled in 10 days. We have a good case, but I do see how USCIS can have some doubts, there is a cultural/age difference, and we didn't have all the joint financial documents. Anyways, If this petition fails, should I expect to be prosecuted for marriage fraud on that fact alone? There is zero objective evidence that I engaged in marriage fraud. I'm guessing they are very selective in which people they prosecute? Does anyone have any insights? Thanks so much.

[Cyberfx1024 7,980]

6 minutes ago, doingmybest said:

I am the US citizen. My wife and I are currently in the AOS process with the 2nd interview (very likely Stokes) scheduled in 10 days. We have a good case, but I do see how USCIS can have some doubts, there is a cultural/age difference, and we didn't have all the joint financial documents. Anyways, If this petition fails, should I expect to be prosecuted for marriage fraud on that fact alone? There is zero objective evidence that I engaged in marriage fraud. I'm guessing they are very selective in which people they prosecute? Does anyone have any insights? Thanks so much.

So what leads you to believe that you will be prosecuted for marriage fraud???? Just be truthful and you should be fine. If you get denied AOS for something they consider then you need to look at everything you both submitted to see what went wrong before resubmitting. 

[doingmybest 0]

Just now, Cyberfx1024 said:

So what leads you to believe that you will be prosecuted for marriage fraud???? Just be truthful and you should be fine. If you get denied AOS for something they consider then you need to look at everything you both submitted to see what went wrong before resubmitting. 

No reason in particular. I know it's an intimidation tactic they use (reminding of the penalties). I just want to know if USCIS prosecutes the USC if the AOS is denied. I understand that after denial the case can go to an immigration judge. At what point is an actual prosecution opened up? They would have to have objective proof of me receiving money or something like that in order to prosecute, correct? I'm not worried that I would be convicted, I'm worried that there is a chance (even if small) that I could be prosecuted.

[Crazy Cat 41,901]

16 minutes ago, doingmybest said:

I am the US citizen. My wife and I are currently in the AOS process with the 2nd interview (very likely Stokes) scheduled in 10 days. We have a good case, but I do see how USCIS can have some doubts, there is a cultural/age difference, and we didn't have all the joint financial documents. Anyways, If this petition fails, should I expect to be prosecuted for marriage fraud on that fact alone? There is zero objective evidence that I engaged in marriage fraud. I'm guessing they are very selective in which people they prosecute? Does anyone have any insights? Thanks so much.

Why are you getting 2nd interview?  What did you receive after the 1st one?

Edited December 3, 2018 by missileman

[Going through 5,671]

9 minutes ago, doingmybest said:

They would have to have objective proof of me receiving money or something like that in order to prosecute, correct?

You have it backwards.

The onus would be on you and your spouse to prove the marriage was bonafide and that their finding of the GC denial was incorrect---USCIS doesn't have to prove anything.

Edited December 3, 2018 by Going through

[Boiler 45,558]

Big step to being able to prove a criminal case, obviously details are important.

[ThomasNC1988 762]

1 minute ago, Going through said:

You have it backwards.

If prosecuted, the onus would be on you and your spouse to prove the marriage was bonafide and that their finding of the GC denial was incorrect---USCIS doesn't have to prove anything.

You apparently have no understanding of the American legal system. The burden of proof is always on the prosecution. Defendants do not have to do anything but provide a reasonable doubt that they are guilty. 

 

OP I would doubt that that is how they would use resources unless they have you dead to rights like smuggling in underage girls or something.

[Going through 5,671]

3 minutes ago, ThomasNC1988 said:

You apparently have no understanding of the American legal system. The burden of proof is always on the prosecution. Defendants do not have to do anything but provide a reasonable doubt that they are guilty. 

 

OP I would doubt that that is how they would use resources unless they have you dead to rights like smuggling in underage girls or something.

You must have missed where I edited my initial response and spoke about the GC application being denied/needing to be appealed, not the OP being prosecuted...since there is the option for an appeal/resubmission first before any potential court appearance.

[ThomasNC1988 762]

3 minutes ago, Going through said:

You must have missed where I edited my initial response and spoke about the GC application being denied/needing to be appealed, not the OP being prosecuted...since there is the option for an appeal/resubmission first before any potential court appearance.

Yes I saw it as soon as you posted. Agree 100 percent that they don't necessarily have to prove anything for a denial. I think OP should wait and see how the second interview goes before anything else.

[geowrian 22,337]

Is it possible? Yes. Is it likely? No. They would need some hard evidence of fraud (i.e. clear text messages, exchanges of money for the green card, etc.).

The burden of proof is on you when it comes to acquiring an immigration benefit.

The burden of proof is on a prosecutor for criminal prosecution.

Edited December 3, 2018 by geowrian

[doingmybest 0]

Thanks all for the responses. To be clear, I am asking what circumstances could prompt an actual prosecution of the USC for marriage fraud. What makes them decide to prosecute? Would it be something they find during the AOS investigation? What if they intimidate my wife into signing a confession that it is fraudulent? I cannot risk even being accused or sent to court (even if my innocence is incontrovertible).

[Boiler 45,558]

They have good evidence of criminal behaviour.

[doingmybest 0]

I suppose it is more likely that they will prevent me from petitioning in the future.

 

 

6 minutes ago, Boiler said:

They have good evidence of criminal behaviour.

What do you mean, could you elaborate?

 

[merc0230 28]

7 hours ago, doingmybest said:

Thanks all for the responses. To be clear, I am asking what circumstances could prompt an actual prosecution of the USC for marriage fraud. What makes them decide to prosecute? Would it be something they find during the AOS investigation? What if they intimidate my wife into signing a confession that it is fraudulent? I cannot risk even being accused or sent to court (even if my innocence is incontrovertible).

Not for nothing, the bolded statement is what concerns me. I think there is more here then we are being told. I know no matter what the circumstances, my wife nor I would have ever considered saying our marriage is fraudulent. Good luck OP.

[Ash.1101 1,756]

One thing that was never answered was why there is a second interview in the first place.



We can't help you without all of the information as you seem pretty bent that USCIS is going to do something to cause you to look like you're here fraudulently. 

It's like asking your mom "What happens if I broke the vase?" and your mom asks "Well did you break the vase?" and you keep just asking "WELL NO, LIKE HYPOTHETICALLY, WHAT HAPPENS IF I BROKE THE VASE"... chances are, you broke the vase.


There's a reason you're doing a 2nd interview, it's up to you to tell us why, but don't expect much help until you do.