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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 108320
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Mr. Senmartin, My wife apparently married me to get over to

Customer Question

Mr. Senmartin, My wife apparently married me to get over to the US. She used my love for her to blackmail into getting her 2 year green card and force me to accept money and thinks I will continue to help her obtain a 10 year card which I will not. While living together, she had called the police, she claims she didn't say abused her, yet the police filed a report saying I did and never spoke to me. The detectives that followed up, took my statement and hers. At that time, she told them I never hit her. She is now using the threat of using the report to obtain her green card and to make trouble for me, if I didn't help her and accept money from her. She is flying back to Vietnam in the next several days. What can I do, if anything, to stop her from coming back to the US? I'm afraid, I'll get in trouble because I loved my wife and she made it sound like there was hope of her returning to our marriage. She kept saying the money was to help out since I lost my job from her calling the police. I don't want to end up getting in trouble because I loved my wife and thought we would be able to work things out.
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: California
JA: Have you talked to a lawyer yet?
Customer: No, I just started asking around for an immigration lawyer
JA: Anything else you want the lawyer to know before I connect you?
Customer: We have lived separately for over 3 months now, and she recently got her 2 yr green card
Submitted: 8 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.

Hello! Thank you for requesting me. I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

So what evidence do you have that she only married you for the green card and not that it just fell apart like some marriages do?

Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.

I do not know why you are not responding, but you are not charged per question, per response, nor per answer. So after I give you my answer, you can continue to ask me questions without additional charge until you are satisfied. I apologize if it is a site issue that you posted and the post did not go through.

There are two harsh penalties for marriage fraud.

The first is 18 U.S.C. § 1325(c), which provides a penalty of up to five years imprisonment and up to $250,000 fine for any "individual who knowingly enters into a marriage for the purpose of evading any provision of the immigration laws."

The second is a permanent bar to ever being able to get Residency again.

Because the penalties are so harsh, the evidence should be strong. You can report marriage fraud by contacting the local USCIS field office by going to http://www.uscis.gov/about-us/find-uscis-office/field-offices

You should have evidence of the marriage fraud handy in case they want to ask you questions or have you send evidence to them.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

Customer: replied 8 months ago.
There was an issue with the site. She left after just 6 months of being married. I asked for divorce which is when she threatened to use the police report to stay in the US. She told me I had to help her obtain her green card and that I had to take money from her. Before our interview with Immigration , I told her I couldn't and she told me she would go to the police and say I abused her and use the police report from the incident in June to be able to stay in US without my assistance and cause more problems for me. She moved out and has been living on her own since July. Our interview for her 2yr green card, was in mid September. At this point she wants to just have me around instead of ending our marriage to get her 10yr green card.
Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.

Thank you for finally responding, but I don't see a question there. What would you like to know?

Customer: replied 8 months ago.
My question, which I failed to include, will I be in trouble if I report her for fraud for blackmailing me into helping her obtain her green card. I've already filed for an annulment based on fraud.
Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.

It depends on if you were in on the fraud from the beginning or not and that you can prove that it was always blackmail. But if the relationship was real and she then later threatened you with reporting an abuse that did not happen, yes, you can report that but you would not get in trouble because of it.

Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see the stars or smiley faces, please scroll to the top of the page to see them or click on my name and they should come out. Also, we do NOT finish just because it says "Rate to Finish" or something like that. Your question does NOT close and you can continue to ask questions without additional charge on the same question thread even after you leave a positive rating. Thank you for your understanding!

Expert:  Guillermo J. Senmartin, Esq. replied 8 months ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.

Thank you for your kindness and respect. Good luck to you.

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