Am I committing fraud?

[Ontarkie 14,493]

27 minutes ago, CVincent901 said:

My wife wants nothing more than to move to the US. She is perfectly willing to accept that she and her child will be separated from her family. (They can always travel back to visit.)

The plan if we move forward with the visa is for me and my parents to financially support her (in her own home) for as long as it takes her to get on her feet financially. Fortunately, my parents have the financial resources to give her as much support as she needs, and they are willing to do so in order to have an opportunity to have a relationship with their grandchild.

I hope you plan on keeping this up for the rest of her life. Once she gets a taste of it she will never give up an inch of it. 

 

Besides the total TOS violation as you keep going back to commenting on how to get away with this fraud. IO read VJ and for your sake I hope they catch this one and prevent this whole mess. 

Edited October 29, 2022 by Ontarkie

[Timona 4,208]

Where is your wife from? 

 

I'll just divorce and move on. If she's keen to move to US, let it be through someone else. 

[Mike E 11,742]

51 minutes ago, CVincent901 said:

She would never do that. She doesn't care about legal consequences. She just wants to get to the US by any means necessary. It would be on me to make the IO aware of the situation,

Then you should  inform   the embassy that  the marriage is not likely to survive.  

Quote

and doing so would be permanently nuking any possibility of friendship/cooperation between my and my soon-to-be-ex going forward. She would NEVER forgive me for doing so.

Why would that eliminate any possibility of cooperation with your STBX? Are you basing this on the assumption that if you inform the embassy, her visa will be denied?

Edited October 29, 2022 by Mike E

[Rocio0010 5,635]

Leaving immigration aside for a minute… if you stay married and she comes here, your child will see that his parents are in a relationship where they don’t love each other. Kids pick on that. He’s going to believe that this is the norm for relationships. Stay with a partner just because. Is this what you want to teach him? 
And don’t bring a baby here just because your parents aren’t willing to travel internationally. If money and health are not an issue, let them travel to see the baby. Why does the baby have to make the concession, and not them?! We are talking about a child that didn’t decide to be born. 
Now, off to the immigration side of things: staying married just for immigration purposes is fraud. If you’re the one to inform the IO and are worried about the legal consequences, get a family lawyer from her country first prior to doing anything. And yes, if she doesn’t inform the officer then it’s on you to do so.

[CVincent901 22]

12 minutes ago, Mike E said:

Then you should  inform   the embassy that  the marriage is not likely to survive.  

Why would that eliminate any possibility of cooperation with your STBX? Are you basing this on the assumption that if you inform the embassy, her visa will be denied?

Yes, I am assuming that if I tell the embassy that the marriage is not going to continue the visa will automatically be denied. Am I incorrect in assuming that?

[CVincent901 22]

5 minutes ago, Rocio0010 said:

Leaving immigration aside for a minute… if you stay married and she comes here, your child will see that his parents are in a relationship where they don’t love each other. Kids pick on that. He’s going to believe that this is the norm for relationships. Stay with a partner just because. Is this what you want to teach him? 
And don’t bring a baby here just because your parents aren’t willing to travel internationally. If money and health are not an issue, let them travel to see the baby. Why does the baby have to make the concession, and not them?! We are talking about a child that didn’t decide to be born. 
Now, off to the immigration side of things: staying married just for immigration purposes is fraud. If you’re the one to inform the IO and are worried about the legal consequences, get a family lawyer from her country first prior to doing anything. And yes, if she doesn’t inform the officer then it’s on you to do so.

To clarify, my soon-to-be-ex and I are not currently living together and would not be living together in the US, so my child will not see his parents staying together in an unhealthy relationship.

Secondly, while money is not an issue, health is. My father, in particular, cannot travel for health reasons. So if we don't continue with the visa process there is a real chance that he will never meet his grandchild.

[Rocio0010 5,635]

1 minute ago, CVincent901 said:

To clarify, my soon-to-be-ex and I are not currently living together and would not be living together in the US

Then that’s your answer: yes, it is fraud because for immigration, unless there are  some very special circumstances, spouses are expected to live together. 

[Rocio0010 5,635]

2 minutes ago, CVincent901 said:

My father, in particular, cannot travel for health reasons. So if we don't continue with the visa process there is a real chance that he will never meet his grandchild.

I see. But your mom will be able to. 
This is a choice you made when you had unprotected sex with your wife… 

[CVincent901 22]

Given that the consensus seems to be that continuing with the process would be fraud, can anyone inform me of the likely consequences? What circumstances could lead to the government becoming aware of the fraud, and what would the likely punishment be?

[Mike E 11,742]

2 minutes ago, CVincent901 said:

Yes, I am assuming that if I tell the embassy that the marriage is not going to continue the visa will automatically be denied. Am I incorrect in assuming that?

Possibly you are incorrect.  
 

The topic you posted has the title “Am I committing fraud?”

 

If  the embassy will deny the visa if you inform the embassy about your future prediction of the marriage status, then you have your answer: you are committing fraud if you fail to inform the embassy.  
 

If the embassy will not deny visa if you inform the embassy about your future prediction of the marriage status, then you are not committing fraud if you inform the embassy. 
 

It’s a very easy choice. 

[Rocio0010 5,635]

3 minutes ago, CVincent901 said:

Given that the consensus seems to be that continuing with the process would be fraud, can anyone inform me of the likely consequences? What circumstances could lead to the government becoming aware of the fraud, and what would the likely punishment be?

Possibly jail time for you. And a hefty fine. Her, deportation and a permanent bar. So your parents will not see the grandchild never again. 
She’ll get a conditional green card. When she divorced you she’ll file for a 751 solo, and they will connnect the dots with the dates 

[Mike E 11,742]

5 minutes ago, CVincent901 said:

Given that the consensus seems to be that continuing with the process would be fraud, can anyone inform me of the likely consequences?

Your spouse  will be permanently banned from the USA.  
 

For you, future interactions with DHS and State will be difficult.

 

BTW do you think no one from State or DHS is reading your comments?

Edited October 29, 2022 by Mike E

[CVincent901 22]

Another question. If I choose to tell the embassy about the situation (and thereby probably put an end to the spousal visa process), is there another pathway for my soon-to-be-ex to get an immigrant visa based on the fact that her child is a US citizen? If so, how would that work?

[Redro 4,612]

2 hours ago, CVincent901 said:

I am in an extremely difficult situation regarding my application for a spousal visa. Basically, since we initiated the visa process my marriage has fallen apart. However we also have a baby who has not met -- and will not meet -- his grandparents unless we complete the visa process. My parents are both old and unable to travel. Therefore moving to the US is the only way they will be able to have a relationship with their grandchild. All of that being said, the marriage is definitely over, and the only reason we haven't moved forward with divorce thus far is because doing so would put an end to the visa process.

 

So my questions are: 1) Am I committing fraud by continuing with the visa process while knowing that we plan to get divorced? 2) What are the specific legal consequences if I continue with the plan of moving my wife and child to the US anyway?

If your wife and child move to the US and you divorce as soon as she arrives are you happy to support her?

Are you okay with supporting two households on (potentially) one income?

Which is more important? Your parents meeting your child or your financial future? 

 

[CVincent901 22]

Just now, ROK2USA said:

If your wife and child move to the US and you divorce as soon as she arrives are you happy to support her?

Are you okay with supporting two households on (potentially) one income?

Which is more important? Your parents meeting your child or your financial future? 

 

We are fortunate that my mother is financially well off and is willing to make an indefinite commitment to supporting my wife and child, if that is what is necessary in order for her to have a relationship with her grandchild.