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Questions about Marriage Fraud Law

Marriage fraud is a real problem that an increasing number of couples are dealing with. Since marriage is a huge personal decision for most people, many feel overwhelmed and unsure when it comes to dealing with the legal aspect of a marriage fraud. A number of questions brought to lawyers on JustAnswer are related to marriage fraud. Lawyers on JustAnswer provide their expert opinion and insight through informative answers in a timely manner and at affordable prices, helping many individuals deal with the trauma and find answers to tough legal questions. Below are five of the most common marriage fraud questions asked on JustAnswer.

If someone was a victim of marriage fraud for citizenship, how can they get out of the situation legally? Is there any other choice besides divorce?

This is a common question that arises once a person realizes that they have been used by their spouse to gain citizenship. In most cases, divorce is the only legal recourse available. If it can be proved that the marriage has not been consummated, then annulment may also be an option. Marriage law varies from state to state, so it is advisable to find a lawyer in your area.

If accused of marriage fraud, is there any other way to get residency such as a waiver?

The penalties for marriage fraud can be quite harsh, though individual circumstances have a significant bearing on the outcome. Usually, anyone found guilty of marriage fraud or misrepresentation to gain an immigration benefit can be considered inadmissible and denied residency or citizenship. While a waiver can be filed for, they seldom get approved. However, not all situations are as simple. There could be circumstances where there might be loop holes, such as coercion, etc., if it can be proved. You could bring the details of your case to the lawyers on JustAnswer and get an expert opinion on the legal options available to you.

If someone married to a U.S. citizen is charged with marriage fraud after having lived in the US for ten years, can they still live in the USA?

When allegations are made about the validity of a marriage by a spouse, the burden of proof is thrust upon the accused. You would typically have to prove that the charges are false and that there was no fraud involved. However, if you are convicted of marriage fraud, you may be prevented from ever having a legal status again in the U.S., unless you can qualify for one of the very few waivers (forgiveness) that exists. These waivers are also extremely difficult to get if you are convicted of marriage fraud. It would be best retain an experienced immigration attorney in your area. You could also present the details of your case to the Lawyers on JustAnswer, and seek their expert opinion and insight.

I was involved in a marriage fraud to gain citizenship for another person and the first interview has been successfully passed. Now want to divorce the man and end this lie. What should I do?

It is an offense to lie to the government. The legalities in such a situation are explained on the USCIS website. The decision in such a situation is moral and the choice is between continuing the fraud and coming clean and facing the legal consequences. You should consider retaining the services of an immigration attorney. Lawyers on JustAnswer would not recommend an unlawful or illegal action, however, they can assess the details of your situation and give their expert opinion on your specific situation to help you find the right course of action available to you.

If someone was wrongfully accused of marriage fraud and was deported from the U.S and4 ½ years has lapsed and has submitted the 1-212 form that was denied, is it true that they cannot submit it again for 15 years? Is there something else that can be done if the 1-212 form is denied?

After being convicted of marriage fraud and being deported, it would be highly unlikely that a person would be granted a waiver and be able to enter the US again. If there is no conviction or if the person hasn’t pleaded guilty, the only way would be to prove conclusively that the accusation of marriage fraud was wrong. In such situations, the burden of proof usually lies on the accused and it can be extremely difficult to prove the falsehood of the accusation.

Whether you are the victim of marriage fraud or someone accused of it, there are steps to follow and rules to abide by in seeking justice. When you provide the details of your case and ask lawyers on JustAnswer, they can provide you with their expert opinion and useful insights that can help you find the course of action best suited in your case. What’s more, you get answers to the most complex of questions quickly and affordably.

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Tina
Tina, Lawyer
Category: General
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Experience:  JD, BBA Over 25 years legal and business experience.
4460311
Type Your Legal Question Here...
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Tina
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Satisfied Customers: 8436
JD, BBA Over 25 years legal and business experience.
Ely
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Recent Marriage Fraud Questions

  • For Dimitry, Ely or law educator, i want to simplify this

    For Dimitry, Ely or law educator,
    i want to simplify this otherwise convoluted question. In a lawsuit i claimed that defendant's product violated a law, by "doing X." Defendant claimed that his product was incapable of "doing X" as defined by the relevant law. As the law in question deals with high tech issues rarely considered by most courts, it represents a convoluted area of law, and so the court did away with old standards, wherein that product could not be seen to violate the law. Instead, it used updated standards, and in its Report specifically agreed with my argument and case law used, and said it "rejected the defendants argument." However, it did not specifically say it accepted my argument, nor did it say the product "did X." The lawsuit was dismissed on other grounds and is now in appeals. Although the defendant did not raise the issue in the lower proceedings nor object to the court's findings, presumably since it had been released from the case on other grounds, those grounds were shaky at best, ***** ***** the defendant is now arguing that the court did not hold that his product "did X" but instead it ruled that there was not enough information to find such. However, it NEVER said that at all. Did the court have to specifically say that the product "did X", or that it agreed with me, or did it effectively do so when it specifically said it "rejected the defendant's argument?" I know it seems clear cut, but the law is so strange, Im starting to wonder about it at this point. Thank you.
  • My wife moved out 3 months ago. Nothing of hers is in my home.

    My wife moved out 3 months ago. Nothing of hers is in my home. Which I purchased before the marriage, and is completely in my name only. And the land it sits on is in my fathers name. She lives in a apartment 30 mins away that I pay for. If she came to my home would I legally be able to make her leave?
  • Hello , I'm a truck driver I get info for a load I will pick

    Hello , I'm a truck driver I get info for a load I will pick up from my company so I did go to the shipping company where I will take the load I give them the load #and they take all my info copy for my driver l then they told load not ready yat will be ready in 4 hours so I wait until I get call from them I did hock up to the loaded trl so and they give me the load pepper bill of lading with my truck # ***** then 2 police car pall inside this company facing my truck and ask me to get out my truck I did then they surch me the they put me in the police car for 3 hours and all people look to me like I'm theft after the 3 hours they side the shipping company call about me cuz I look like some stolen from them and I look to pic they show me I don't look like even the police was smiling so my question is how I can take this company to the court and did I have cace thanks
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