Divorcing from a Fraudulent Marriage to Marry a Different Citizen

I assume that I'm going to be told that I am an idiot for considering this. I probably am! Just the same, I hope someone can help me out with some solid advice on this matter:

I wish to marry a woman who made the ridiculously bad decision to pay an American citizen to marry her. She has yet to receive her immigration interview. We wish to cancel her request for the interview, have her divorce her "husband" and then get married ourselves. She entered the country legally on a tourist visa, then a student visa. Is this possible? Will they assume that the first marriage was a sham since the divorce followed so quickly? Any advice? Thanks...

I have one quick question before we go further, if you don't mind? :)

What's the timeline?

She came to the country...when?
Married him...when?
Filed papers...when?

I might have to check with her for some of this information. I know that she was married in December and filed for her papers soon after. They have not scheduled her interview yet. She has been in the country on and off since 2006, but full-time for I want to say the past 6 months. She had a student visa put opted to cancel it in lieu of getting married to gain citizenship. Does that help?

Have you already found an attorney for your divorce with her down the road? Or are you still looking?

And, by the way, what's the big hurry to marry her? Does she turn into a pumpkin at midnight?

You're being played. She PAID someone to marry, got married this December, and now wants to cancel it all because you're a better bet?

Do NOT do this. Or...okay, here's a better suggestion.

IF you and she are truly in love, she can simply file for divorce, return to her home country and then return - on her own grounds - to the US. She won't ask you (or anyone else) to sponsor her.

See what she says.

I talked to an attorney but haven't had a consultation yet. I don't even know what is acceptable to say to an immigration attorney. Can I tell them the truth about this?

Don't marry this woman. I am 100% sure about that.

Go out with her for a few years and see how things look then.

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Quoting Dogmatique

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You're being played. She PAID someone to marry, got married this December, and now wants to cancel it all because you're a better bet?

Do NOT do this. Or...okay, here's a better suggestion.

IF you and she are truly in love, she can simply file for divorce, return to her home country and then return - on her own grounds - to the US. She won't ask you (or anyone else) to sponsor her.

See what she says.

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Can we assume for argument's sake that I am NOT being played? This isn't even her idea. She is planning on going through with the interview process and gaining citizenship illegally. I just am not comfortable leaving my fate in the hands of some immigration official and am looking for alternatives. She has NOT asked me to do this. I offered.

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Quoting davegod2

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Can we assume for argument's sake that I am NOT being played? This isn't even her idea. She is planning on going through with the interview process and gaining citizenship illegally. I just am not comfortable leaving my fate in the hands of some immigration official and am looking for alternatives. She has NOT asked me to do this. I offered.

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Sure, let's assume that.

She's currently committing fraud. And what she hasn't told you, is that she won't get citizenship immediately. She has to remain married - and I'm an immigrant, I know this - for a certain period of time before she becomes an unconditional permanent resident. And only after that, after a couple more years, would she be eligible for citizenship.

What makes you think that if she's willing to pay and play someone else, she won't do the same?

Remember - what they'll do with you, they'll do TO you. And seriously - do you understand how sponsorship works?

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Quoting Michael44

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Don't marry this woman. I am 100% sure about that.

Go out with her for a few years and see how things look then.

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Holy Hannah, Michael. We're in agreement. I'd buy you a beverage of your choice :)

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Quoting Michael44

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Have you already found an attorney for your divorce with her down the road? Or are you still looking?

And, by the way, what's the big hurry to marry her? Does she turn into a pumpkin at midnight?

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I just realized that I misread this when I answered. Funny. The big hurry is that I wish her to start divorce proceedings BEFORE this interview occurs. And she has an RN license that will expire next year if she does not obtain a green card. I understand that what I am considering sounds foolish, but I really wasn't seeking marriage advice. Just advice about how to proceed legally and the viability of this venture...

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Quoting Dogmatique

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Sure, let's assume that.

She's currently committing fraud. And what she hasn't told you, is that she won't get citizenship immediately. She has to remain married - and I'm an immigrant, I know this - for a certain period of time before she becomes an unconditional permanent resident. And only after that, after a couple more years, would she be eligible for citizenship.

What makes you think that if she's willing to pay and play someone else, she won't do the same?

Remember - what they'll do with you, they'll do TO you. And seriously - do you understand how sponsorship works?

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I admit that I am just learning about these things. But yes, I am aware that it takes some time to gain citizenship. She is planning on joining the Reserves to expedite her eligibility (from 3 years to 6 months). And she didn't play the other guy, it was a financial arrangement (albeit an ill-advised one). What else should I know about sponsorship? Please help me, I am just learning...

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Quoting Dogmatique

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Holy Hannah, Michael. We're in agreement. I'd buy you a beverage of your choice :)

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This one is kind of obvious, unfortunately.

Do you realize you are obligated to support her even if you divorce by the affidavit of support you must sign?

My other question is: Are you crazy? You want to marry a person who would commit fraud when there are significant consequences. Why so you think she will not take advantage of you too? RUN!!!

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Quoting davegod2

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The big hurry is that I wish her to start divorce proceedings BEFORE this interview occurs.

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You can tell her your view of it, but she is going to do what she is going to do. You should explain to her that she has ALREADY committed fraud against the US government, and that could well have serious consequences down the road. You seem to just brush off what she has already done. She should stop committing fraud, NOW, and find a lawyer to help minimize the damage of her fraud up to this point.

Otherwise, don't get pulled into a criminal venture yourself.

And you don't have to get married right away. If she has to leave the US for a while next year, visit her in her country. Marry in haste, repent in leisure. You are absolutely going to have a different view of this in 5 years.

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Quoting T53147

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Do you realize you are obligated to support her even if you divorce by the affidavit of support you must sign?

My other question is: Are you crazy? You want to marry a person who would commit fraud when there are significant consequences. Why so you think she will not take advantage of you too? RUN!!!

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Look, the woman got some bad advice from friends who went through the same process (successfully). She realizes that it was a mistake now, but you can't change the past. I am just trying to determine the best course of action going forward. She is the most genuine, sweet, innocent woman I have ever met. If this is some bizarre deception I will be completely shocked. And believe me, I am intelligent, skeptical, and question everything. I didn't know anything about this affidavit of support...

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Quoting davegod2

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I just realized that I misread this when I answered. Funny. The big hurry is that I wish her to start divorce proceedings BEFORE this interview occurs. And she has an RN license that will expire next year if she does not obtain a green card. I understand that what I am considering sounds foolish, but I really wasn't seeking marriage advice. Just advice about how to proceed legally and the viability of this venture...



I admit that I am just learning about these things. But yes, I am aware that it takes some time to gain citizenship. She is planning on joining the Reserves to expedite her eligibility (from 3 years to 6 months). And she didn't play the other guy, it was a financial arrangement (albeit an ill-advised one). What else should I know about sponsorship? Please help me, I am just learning...

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She hasn't lived here long enough (legally, at least) to be eligible for such a military "fast track" approach.

You.
Are.
Being.
PLAYED.

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Quoting davegod2

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Look, the woman got some bad advice from friends who went through the same process (successfully). She realizes that it was a mistake now, but you can't change the past. I am just trying to determine the best course of action going forward. She is the most genuine, sweet, innocent woman I have ever met. If this is some bizarre deception I will be completely shocked. And believe me, I am intelligent, skeptical, and question everything. I didn't know anything about this affidavit of support...

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You won't be the first person to be completely taken unawares, put it that way.

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Quoting Michael44

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You can tell her your view of it, but she is going to do what she is going to do. You should explain to her that she has ALREADY committed fraud against the US government, and that could well have serious consequences down the road. You seem to just brush off what she has already done. She should stop committing fraud, NOW, and find a lawyer to help minimize the damage of her fraud up to this point.

Otherwise, don't get pulled into a criminal venture yourself.

And you don't have to get married right away. If she has to leave the US for a while next year, visit her in her country. Marry in haste, repent in leisure. You are absolutely going to have a different view of this in 5 years.

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This is the question I am trying to get an answer to. Am I getting pulled into a criminal venture? Is it illegal for me to marry her just because she committed fraud? What does that have to do with me? I haven't perpetrated any fraud. And I am getting her to abandon this fraud and proceed legally from this point forward. Your advice is appreciated, by the way. I especially liked the "Marry in haste, repent in leisure" line. Nice, and good advice....

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Quoting Dogmatique

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You won't be the first person to be completely taken unawares, put it that way.

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Your opinion had been noted and is appreciated.

Michael and Dogmatique, you are both obviously intelligent and trying to be helpful, and I appreciate it. But I didn't come here for personal advice, I came here for legal advice. Does anyone have anything to say about the LEGALITY of this issue?

My advise is to have her return to her country and then you can petition her with a fiance visa, you are the sponsor and all will be fine, however remenber when you bring or sponsor a foreing wife you have to sign an affidavit of support if something happens you are responsible for that woman for 10 years or when she becomes citizen or full employment. Many of these foreigners know that trick now and are divorcing the stupid husband and living with alimony for free at the level they were living and all they do is live with another man not get married and you are screwed for 10 years paying alimony, good luck to you my friend she cheated once she will do it twice and more. Think well before you get into a big trouble like me, experience is more than 1000 words.

It sounds like you are actively engaging in the commission of fraud. Even if you do not get prosecuted for it, when she divorces you, you'll discover you are now liable to support her financially for as long as she wants you to do so. I thought you said you were intelligent.