Remedies for Marriage Fraud
Here's the deal he is US born, she is not. She let people know she was
offering $ for marriage. He decided, 'why not him?
Here's the problem, told all his family and friends he was going to get paid.
Then he actually cried and claimed he didn't get the money (after they were married) which was done in secret, no family or friends allowed. He didn't even tell anyone for over a month. So, now 2 years later, he decides to refinance his house (he had it before the marriage), but doesn't want her to be a part of it. The credit reports show that he took the money, paid off $25,000.00 in debt, on numerous accounts, he didn't claim it on his taxes, in fact he filed single after the marriage. They have seperate bedrooms, they have only one joint bank account. She didn't take his name, she told him that no matter what financial problems he has, her family will always come first, not him, she refused a prenup (threatened to leave him), they don't do things together. Last month she became pregnant, told him when baby is born, she is taking it back to her country, to drop it off with her mother for it's first year of life, then it can come back, he has no say.
This is a nightmare, and I don't even know where to start, to try to help him, he won't file for divorce, (he needs her income, to help with his childish credit card debt), and now she has announced that she no longer wants to live in the house, she wants it sold, by winter, when his relative that is disabled, with children live downstairs (it's a duplex like house) with whom he bought the house for himself and them 2 years before he even met her. She just wants them out.
What are the ramifications for him when this hits the fan? What about her? Can she sell when her name isn't on the deed, and their 3 years together, has another year to go.
Im new to this forum, I hope this wasn't too long and I didn't ramble, but the streets are cold in the wintertime. Any advice? Will he go to jail? Can she be deported? What about the baby?
Re: Took the money, but left a paper trail...
She became pregnant... immaculate conception?
Why doesn't he file for divorce?
Re: Took the money, but left a paper trail...
Oh, they have sex, they just have seperate bedrooms. He won't file for divorce, because he claims that he needs her income to help pay his bills, (he doesn't need her, his mortage is $858.00 a month, for which he only has to pay $358.00 of, he makes almost $60,000.00 a year and because she now has the baby for leverage, and she'll blame him for asking her to pay him for the marriage, she will have her immigrant relatives testify that it was his idea to get paid, because he didn't want her deported.
Now, he wants to keep what is his, and find a way out.
Should he just contact ICE and tell his story, what trouble could he get into? And can the other people in his life, (like me) get in trouble for not reporting the marriage fraud, when we have knowledge of it?
Thanks
Re: Took the money, but left a paper trail...
He wants "out" without divorce? Good luck to him.
Re: Took the money, but left a paper trail...
Should he just contact ICE and tell his story, what trouble could he get into?
And can the other people in his life, (like me) get in trouble for not reporting the marriage fraud, when we have knowledge of it?
Does anyone know what the penalties for marriage fraud like this?
What about her?
Can she sell the house, when her name isn't on the deed,(their 3 years together, has another year to go)?
Any advice?
Can she be deported?
What about the baby?
Sorry to repeat myself, I just really need some answers, and have a short time till winter, and need to know if I should start lookin for a new place to live, or if there is a way to stop her.
Thanks again.
Re: Took the money, but left a paper trail...
So "he" is "you". When you were speaking about taking the money and leaving a paper trail, you mean that you did take money to marry this woman, and that she can prove it?
Re: Took the money, but left a paper trail...
For Mr. Knowitall,
No, I am not the one. A relative of mine, married this chick. She is holding the payment over his head. How can he be helped, what can he do, or what can I do for him? Can I and everyone else who knows, get in trouble for not reporting this marriage fraud? Her work permit thing was about to expire, she paid him over $25,000.00, which anyone looking for a paper trail can find, and he didn't report it on his taxes, because he wanted to hide it. He's just not smart enough, (obviously, or he wouldn't be in this situation). I really need some answers to my questions, about what to do, where to call, forms to get, reporting it, having him report it??? Thank you again.
Re: Took the money, but left a paper trail...
If it isn't you, why did you write that you "need to know if I should start lookin for a new place to live"?
I don't have any easy answers for this, given your insistence that deliberate marriage fraud occurred, and your refusal to consider divorce. I think he should consult a lawyer.
Re: Took the money, but left a paper trail...
Mr. Knowitall,
If you read the first post, I said:
"and now she has announced that she no longer wants to live in the house, she wants it sold, by winter, when his relative Im the relative that's disabled, renting from him)that is disabled, with children live downstairs (it's a duplex like house) with whom he bought the house for himself and them them, as in me and my kids2 years before he even met herher, is his wife that he married at the end of 2004. She just wants them out."
My relative owns the house(flat) that I live in. It was bought 5 years ago, in July 2001, as a place for me and my six children to live in downstairs, and pay rent to him, while he lives upstairs, and is my technical "landlord". He married her, she hates the house and wants it sold, even though she knows Im his family, and that to find housing on a limited income, as a disabled single parent of six children, is difficult, especially when she (the alien wife) wants me (the disabled relative renting from her husband who is my relative) out of the house, and to sell it by winter.
My relative needs to know if he will get into any trouble if he gets in touch with ICE himself, and reports what he did and what is happening?
I want to know if I can get into trouble by having knowledge of the marriage fraud, and I don't report them.
And the third question is, if I report them to the authorities, and explain to them my cousin's dilema and his marriage to the alien wife, who do I report it to, and do I remain annonymous, and how long does it take to investigate?
Now you do Knowitall (about why I should start looking for a place to live).
Hope this clears up your question, can you please answer my three questions, and direct me to a site that has info on the wife's rights in a marriage, even though she's not naturalized yet.
Thanks again.
Re: Remedies for Marriage Fraud
Please allow me to try and explain that this issue is far to complex to be dealt with in this forum...it is very helpful way to get some basic info, but your situation is just too complex. A lot of the advise you get here is to "consult an attorney", but in this case that should be you primary goal.
There is a lot in the story that would lead to some logical answers, but not necessarily legal answers. For instance, if the man's name is the only one on the deed, she cannot authorize the sale...only that she would be entitled to a certain amount in the case of the divorce.
With regards to taking the child out of the country, there are no gaurantees but he does have some parental rights. This does not mean that he can absolutely prevent this, but has a chance if he takes the right legal course of action and consults an attorney.
With regards to your action and responsibities, did you sign or attest to anything involving thier relationship...if you simply knew about it, I dont think you would be in too much trouble, especially if you what you know is heresay evidence( He just told you about the 25'g's..you did not see the money)...But again, only an attorney will know that info..
Finally, with regards to the Marriage Fraud issue, she is in just as much peril as he is. She will go to Jail and be fined just the same as he will...and after deported..Below is a note I found about the official penaly..This the "standard" penalties...only a lawyer can tell you what a minimun could be if he has no other legal record and is normally a "good citizen"...
Marriage fraud has been prosecuted, inter alia, under 8 U.S.C. § 1325 and 18 U.S.C. § 1546(a). The Immigration Marriage Fraud Amendments Act of 1986 amended § 1325 by adding § 1325(c), which provides a penalty of five years imprisonment and a $250,000 fine for any "individual who knowingly enters into a marriage for the purpose of evading any provision of the immigration laws." Under 8 U.S.C. § 1151(b), "immediate relatives" of U.S. citizens, including spouses, who are otherwise qualified for admission as immigrants, must be admitted as such, without regard to other, ordinary numerical limitations.