I need to know please

[KingII 0]

Greet to you all…. Thank you for your advise always. I have a friend that is married now for immigration benefits and the spouse is in jail and with be behind the bars for another 2years. She’s  so curious if she should file a divorce or endure. My question is can he still  petition for my friend that is the wife? 

[HRQX 4,145]

6 minutes ago, KingII said:

I have a friend that is married now for immigration benefits

Is that the sole (or major) purpose of the marriage? If so, then there isn't a bona fide marriage: https://www.uscis.gov/sites/default/files/document/forms/i-130instr.pdf "prove you have a bona fide marriage"

[JeanneAdil 6,505]

He,  the USC?  In jail for certain things ,  he can't under the Adam Walsh act (look that up so we don't ask and cause embarassment)

If that is not an issue,  he can 

if there is domestic violence in his past relationships,  it could cause a denial to protect the Immigrant

 

How long in Jail?  

Is it worth it?

This is very much a personal issue for her

so,  talk to her as a friend and understand if she's in love enough to endure all she will have to go thru

[HRQX 4,145]

***I have moved this topic to Effects of Major Family Changes on Immigration Benefits forum since initial post mentioned "file a divorce"*****

[Boiler 45,499]

At least she is honest about it, that has to be a plus.

[SalishSea 17,829]

3 hours ago, KingII said:

I have a friend that is married now for immigration benefits

Fraud.

[Demise 1,283]

3 hours ago, KingII said:

Greet to you all…. Thank you for your advise always. I have a friend that is married now for immigration benefits and the spouse is in jail and with be behind the bars for another 2years. She’s  so curious if she should file a divorce or endure. My question is can he still  petition for my friend that is the wife? 

I mean if they married solely for papers then the marriage isn't legit for immigration benefits. If their relationship is legitimate and the immigration reasons just moved the date of the marriage up (because lets be honest it's not in interest of either of the partners for one of them to be an illegal immigrant longer than they have to) then it's fine.

 

Other than that, an imprisoned US Citizen doesn't lose the right to petition relatives unless he's in prison due to sexual abuse of a minor under the Adam Walsh Act, though that can be overcome by getting a "no risk to the beneficiary" determination. Then there's some unique problems with proving legitimacy of the marriage while the petitioner is in the slammer. He obviously has no income while imprisoned but that can be overcome by getting a cosigner.

 

Finally, whether she should divorce him, or just tough it out depends on their specific relationship and I won't go there.

[JFH 12,190]

There have been success stories on here where imprisoned USCs have successfully petitioned their alien spouses and visas have been approved. 
 

Depending on the crime, the biggest issue here is “married for immigration benefits”. That’s an absolute no-no. If the crime falls under the AWA list then it will be difficult, but not necessarily impossible, to proceed if the marriage is genuine. Which this is not. 
 

Has the person been in prison for the full duration of the relationship? Has money been exchanged? 

[Rocio0010 5,579]

11 hours ago, KingII said:

is married now for immigration benefits

We at VJ cannot give you advise on this situation because your friend is knowingly committing fraud.

[randy32 165]

5 hours ago, ra0010 said:

We at VJ cannot give you advise on this situation because your friend is knowingly committing fraud.

I second @ra0010