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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
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Is it true that marrying a foreign woman and not living

Customer Question

Is it true that marrying a foreign woman and not living together as a married couple constitutes fraud? And is this an actual crime?
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
To marry a non-US citizen for the purpose of the non-citizen obtaining lawful presence in the US (green card or visa) is a felony punishable by up to five years in prison and it is also grounds for the non-US Citizen to be deported and barred from readmission to the US. Both the U.S. citizen and resident spouse could be charged and could be convicted of either criminal conspiracy (conspiring with the immigrant is enough; see U.S. v. Vickerage, 921 F.2d 143 (8th Cir. 1990)), or, if the facts support is, for establishing a “commercial enterprise” to get people green cards (see I.N.A. § 275(d); 8 U.S.C. § 1325(d)).

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