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My sister in law married my brother and since she came here…

My sister in law...

My sister in law married my brother and since she came here she's been defaming his name, gossiping about him and talking negatively about him. It seems that she was only interested in a green card because the way she talks about is almost like an enemy talking about their opposition.

Lawyer's Assistant: What steps have been taken? Has any paperwork been filed with the U.S. government?

He's been married to her for more than two years but I believe she is waiting for the green card. I don't believe she deserve it because she is only married him for a green card. Is there anything he can do to stop the process?

Lawyer's Assistant: Have you talked to a lawyer about this?

No not yet

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No thank you

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Answered in 6 minutes by:
3/27/2018
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,948
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified

Hello! My name is***** and I am a licensed attorney with more than 15 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. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

Please give me a few minutes to review your question and I will be right with you with an answer. Sorry for any delay. I may have to do some research and at the same time I read and type fast, but not that fast! Thank you for your patience.

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Customer reply replied 4 months ago
are you still there?

Sorry for the delay. I just ask that if it is bad news that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

What evidence do you have that she ONLY married him to get the green card? The evidence must be strong because the penalties are very harsh and remember, marriages fall apart all the time between even two U.S. Citizens, so what's to say that it isn't a normal marriage that just fell apart? Oh, and just so you are aware, I am on your side in this regard. I hate it when people use U.S. Citizens for an immigration benefit.

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Customer reply replied 4 months ago
Well the evidence is that she rented a two bedroom apartment just to sleep in separate rooms. When she first came she came on to his younger brother which also her cousin and asked her uncle if she can marry his younger brother rather than him. My brother has a psychological condition, he was functioning well before she came. The reason why he was functioning much better is because she interferes with his medication schedule and she makes him sleep very late and if he refused it becomes a shouting and intimidation match and divorce threats. When an MD introduced vitamins to him, she wouldn't allow him to take the vitamins and she would put metformin that she got from Africa in his tea without his permission. She always gossip about him not performing in the bedroom and she spreads their business in the community here where we live. She puts him down verbally and puts him down in the community. She is abusive to him and belittle him all the time. He had a nervous break down because she abused him so badly and was always on him about helping her family and made him stop his medication because she repeatedly told him that he is crazy. Please let me know if you need more information.

A lot of that sounds like things that happen even between U.S. Citizens that get married. Abuse, disrespect, overly controlling, etc., all of those things happen in marriages that have nothing to do with immigration. So really your brother is going to have to put together evidence that is more specific to being married ONLY to get a green card, like witness statements, emails, messages, video, audio recordings, etc., The evidence has to be strong because there are two very harsh penalties. The fist is found under 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 penalty is a PERMANENT bar to ever getting a green card even if the person marries a different U.S. Citizen (for love) or even if they have U.S. Citizen children.

You (or your brother) can report marriage fraud in three different ways:

1) You can go to http://www.ice.gov/webform/hsi-tip-form and file the report there.

2) You can call the ICE hotline at 1-(866)(###) ###-####

3) You can contact the local USCIS field office by going to http://www.uscis.gov/about-us/find-uscis-office/field-offices

Unless she has committed a serious enough crime, ICE probably will not get involved, so #3 is probably the best bet. 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.

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Customer reply replied 4 months ago
What kind of evidence as an example that would qualify as marriage fraud? Can you give more examples?
Thanks

I did give examples. Remember, as I keep saying, plenty of marriages have the same issues even between U.S. Citizens. Clear evidence of marriage fraud would be proof that he paid her or someone to get into the relationship, audio recordings of him stating that he only married for the green card, notarized affidavits from witnesses stating that they heard him say things that prove that he only married for the green card, etc. Believe me, I am on your side, but the law is the law and there has to be strong evidence. If there is not at the moment, she can just divorce him and force him to prove that he did not marry for the green card.

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!

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Customer reply replied 4 months ago
can notarized slander work? a lot of people in the community have been coming to inform us of the horrible stuff she says about him, including that she just is married to him till her family get here from Africa? where do we notarized them? If we don't have all these evidence can we still report marriage fraud?
Thanks

The marriage fraud can still be reported. If the evidence is not enough, they may just wait until he applies on his own and force him to disprove fraud. As far as notarization, that's normally when a notary is able to witness a declarant signing the declaration.

Let me know if you need anything else, but please do not forget that positive rating. Thank you!

Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,948
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified
Guillermo Senmartin and 87 other Immigration Law Specialists are ready to help you
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Thank you for the positive rating. If you would like to request me in the future for a different topic, please remember to put FOR GUILLERMO in the subject line and message box. Good luck to you!

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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