Signing an affidavit of support (I-864) for a fraudulent marriage. Consequences?

[eckoin 211]

I saw a post on another forum, where a US citizen was asked to be a sponsor for a friend who entered a fraudulent marriage. She was aware it was fraudulent, but was unaware of what I-864 entails and signed it. 

 

Now she wants to back out of sponsorship by submitting an anonymous tip that the marriage is a fraud. 

 

Are there consequences for signing an affidavit of support in these circumstances? By signing it, do you claim that the petition is in good faith? 

Edited March 27, 2019 by eckoin

[aaron2020 11,651]

Did she get paid to file the I-864?  

[eckoin 211]

Just now, aaron2020 said:

Did she get paid to file the I-864?  

Apparently not. It was a boyfriend of her friend who was married to a random stranger, presumably for money. The sponsor knew that they faked documents. 

 

Can the sponsor really get off without issues? 

[aaron2020 11,651]

She's stuck.  She signed the I-864 willingly. 

 

USCIS is unlikely to investigate an anonymous claim of fraud without proof.  Words alone is not enough to trigger an investigation.  What proof does she have?

 

She knew it was fraud.  She willingly signed the I-864.  She's on the hook for the I-864.  Furthermore, she's a potential co-conspirator in the fraud.

[geowrian 22,337]

There's nothing in the I-864 that asserts the validity of the relationship or any other component of their application for permanent residency. I don't see a legal issue for the sponsor. I do obviously see a very, very serious moral/ethical issue, though.

 

The legal consequence is they are on the hook if the intending immigrant becomes an LPR in accordance with the I-864 terms. Reporting the fraud doesn't relive that responsibility unless it results in LPR status being revoked.

 

Edit: If there is a criminal fraud investigation, there could be a legal issue. But this isn't limited to the scope of the I-864.

Edited March 27, 2019 by geowrian

[eckoin 211]

Just now, aaron2020 said:

She's stuck.  She signed the I-864 willingly. 

 

USCIS is unlikely to investigate an anonymous claim of fraud without proof.  Words alone is not enough to trigger an investigation.  What proof does she have?

 

She knew it was fraud.  She willingly signed the I-864.  She's on the hook for the I-864.  Furthermore, she's a potential co-conspirator in the fraud.

I imagine she's collecting proof right now, based on the advice she received so far. 

 

But even if she submits all of the proof anonymously and USCIS/ICE take it seriously and go through their motions--is she off the hook? I don't think I-864 requires any sort of affidavit of the legitimacy of the petition, but it can't end there, can it?

[eckoin 211]

4 minutes ago, geowrian said:

There's nothing in the I-864 that asserts the validity of the relationship or any other component of their application for permanent residency. I don't see a legal issue for the sponsor. I do obviously see a very, very serious moral/ethical issue, though.

 

The legal consequence is they are on the hook if the intending immigrant becomes an LPR in accordance with the I-864 terms. Reporting the fraud doesn't relive that responsibility unless it results in LPR status being revoked.

That's what I thought, and it's really unfair. If one is willing to help commit immigration fraud, there should be some consequences for everyone. The entire "I love my friend but I feel ~misled~ so I will try to help deport them all now, I'm creating a binder" is ridiculous. People who sign such affidavits should be accountable just like the people in the petition themselves. 

Edited March 27, 2019 by eckoin

[aaron2020 11,651]

Just now, eckoin said:

I imagine she's collecting proof right now, based on the advice she received so far. 

 

But even if she submits all of the proof anonymously and USCIS/ICE take it seriously and go through their motions--is she off the hook? I don't think I-864 requires any sort of affidavit of the legitimacy of the petition, but it can't end there, can it?

The only way off the hook is meeting one of the conditions ending the contract.  Loss of LPR status would be one.

She's spinning her wheels trying to report anonymously.  No one is going to do anything.  

[eckoin 211]

1 minute ago, aaron2020 said:

The only way off the hook is meeting one of the conditions ending the contract.  Loss of LPR status would be one.

She's spinning her wheels trying to report anonymously.  No one is going to do anything.  

Or really? Even more schadenfreude. 

[aaron2020 11,651]

Just now, eckoin said:

That's what I thought, and it's really unfair. If one is willing to help commit immigration fraud, there should be some consequences. The entire "I love my friend but I feel ~misled~ so I will try to deport them all now, I'm creating a binder" is ridiculous. People who sign such affidavits should be accountable just like the people in the petition themselves. 

 

She knew it was fraud and she helped.  Seems perfectly fair to me for her to be stuck with the I-864 obligations when she helped people commit immigration fraud. 

 

VJ is not a place known to be sympathetic to remorseful fraudsters once their illegal acts goes south.

 

[eckoin 211]

1 minute ago, aaron2020 said:

 

She knew it was fraud and she helped.  Seems perfectly fair to me for her to be stuck with the I-864 obligations when she helped people commit immigration fraud. 

 

VJ is not a place known to be sympathetic to remorseful fraudsters once their illegal acts goes south.

 

I have zero sympathy, but her facing no consequences IF everyone else involved does, is unfair. 

 

Here's the thread in question if you're interested in more details:

 

[Roel 7,192]

Play stupid games, face consequences. 

 

 

[Cyberfx1024 7,980]

50 minutes ago, eckoin said:

I saw a post on another forum, where a US citizen was asked to be a sponsor for a friend who entered a fraudulent marriage. She was aware it was fraudulent, but was unaware of what I-864 entails and signed it. 

 

Now she wants to back out of sponsorship by submitting an anonymous tip that the marriage is a fraud. 

 

Are there consequences for signing an affidavit of support in these circumstances? By signing it, do you claim that the petition is in good faith? 

Yeah I saw your post on the other forum and they had some good answers as well. 

[eckoin 211]

5 minutes ago, Cyberfx1024 said:

Yeah I saw your post on the other forum and they had some good answers as well. 

Not my post (a position I would never find myself in). But curious on responses here. 

[Cyberfx1024 7,980]

1 minute ago, eckoin said:

Not my post (a position I would never find myself in). But curious on responses here. 

Ok... I saw it the day it was posted in Reddit because I do browse that subforum as well. I will post more when I get home.