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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
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Experience:  JD, BBA Over 25 years legal and business experience.
4460311
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Recent Marriage Fraud Questions

  • I need to know how to change the spelling of my first name

    I need to know how to change the spelling of my first name legally? How much it will cost, all thar is involved, etc... I go by and use "Amie" instead of " Amy". However,for for the first time in my life it has become an issue because I signed my loan and mortgage documents with the "Amy" but my homeowners insurance is listed as "Amie". Now my mortgage company is making a big stink about it. Not sure how to handle this?
  • I am working on jury selection part of pretrial UDRC. Defense

    I am working on jury selection part of pretrial UDRC. Defense has listed " Proposed instructions should be shared between the parties 3 weeks prior to the trial date. Ten days prior to trial the parties shall file their proposed instructions with a copy thereof and serve the final instructions on the other party. Each party shall also file and serve any objections to proposed instructions including the grounds for the objection at least five working days before the trial date." I don't understand this at all. Doesn't the Court take care of all this? I have to list questions I want here. I don't know yet if we are allowed to ask at the time, or have to submit all to judge, but I just don't know what they are talking about here.
  • I am working on pretrial UDRC5. Jury section. How long do

    I am working on pretrial UDRC5. Jury section. How long do you suggest for time for voir dire for each party? Defense says 30 min. but I think that is very short, and won't allow for much of anything at all. This is a difficult trial and I think I need some time for care to be taken.
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