Will my friend get in trouble for marrying her boyfriend to prevent him from getting deported? 11 Answers as of October 06, 2011

My friend has dated a guy for 10 months whose visa has been expired at least 6/7 months. He got caught and sent to immigration jail. They managed to post bail and got married and now they have an interview in a few weeks. I know for a fact that she wouldn't have married him if he could stay here by another means but the fact is that they care for each other enough. I know how suspicious it looks and I'm her friend so surely immigration officers are going to be very suspicious. For one there's a big age gap (20 years) and then there's religion differences. I just don't want my friend to get in trouble. Is it possible they would just deport him and nothing happen to her?

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All American Immigration
All American Immigration | Tom Youngjohn
With friends like you, who needs enemies? But seriously, for this case to be successful they have all kinds of hurdles to jump. I'm assuming from your post that you are her male friend. But even if you are her girlfriend, I've won 70 year old married to 35 year old cases. 65 year old married to 27 year old cases. I've won lots of cases where people have married in proceedings. But, on the other hand, I've seen the government treat unrepresented people devastatingly differently than represented people. My only hope for your "friend" is that she gets an immigration attorney for her husband. It's always smart to get a second opinion.
Answer Applies to: Washington
Replied: 10/6/2011
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
Nothing will happen to her. Where do you deport a USC? What they choose to do with their lives is none of our business. We just have to take them at their words. What I am saying is that it is very presumptuous of you (or any Immigration Officer) to think that your friend is only marrying this guy for immigration benefits. There has to be evidence to support that assertion. I would like to think she is smarter than that. I am concerned with the age gap and the religion differences (depending on the religions). Those two are indicators of a possible sham marriage. Other than that, I see no big whoop about it but I would always advise them to lawyer-up. Good luck!
Answer Applies to: California
Replied: 9/16/2011
Fong & Associates
Fong & Associates | William D. Fong
If they are married to have a shared life together and not only for the immigration benefit, and they interview will, the case should be approved. They should prepare for the interview and be ready to answer those questions you raise.
Answer Applies to: Texas
Replied: 9/16/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
Only your friend knows if her marriage is in good faith. If it is a genuine relationship and the timing of getting married is all that is dictated by immigration concerns, my opinion is that this does not make this a fraudulent marriage. Have her review the Immigration Marriage Fraud Act and/or talk to immigration counsel if she is not marrying for love.
Answer Applies to: California
Replied: 9/15/2011
Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
For immigration purposes, the marriage has to be real and for love. Age should not matter as long as the couple, live together as husband and wife. I am not sure why you are suspicious of their intentions. It is for them to prove it to the immigration officer. If immigration officer has any concerns regarding the validity of the marriage, CIS will conduct special investigations.
Answer Applies to: Nevada
Replied: 9/14/2011
    Law Offices of Peter Y. Qiu
    Law Offices of Peter Y. Qiu | Peter Y. Qiu
    More investigations are necessary before a determination of her duties and liabilities may be made.
    Answer Applies to: Illinois
    Replied: 9/14/2011
    Frazier, Soloway & Poorak, P.C.
    Frazier, Soloway & Poorak, P.C. | David Nabow Soloway
    There is no substitute for your friend and her husband to seek a careful review of their situation, and preparation of their case, but an immigration attorney. You mentioned three facts (married while bail posted during removal/deportation proceedings; 20-year age difference; and difference in religions), each one of which will lead immigration authorities to suspicious, and all three together will require particularly strong and convincing documentary evidence of the bona fide nature of the marriage relationship. If the USCIS were to determine that the couple filed a fraudulent application, there could be very serious legal consequences for both your friend and her husband.
    Answer Applies to: Georgia
    Replied: 9/14/2011
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    Your friend must have entered into the marriage with the intent to build a life with her spouse. If she married him solely for immigration benefits, she can be charged with marriage fraud. This can result in criminal prosecution and jail time or a fine if convicted. It will also likely result in the deportation of her spouse. It is a very serious matter. If she did not marry her spouse for the purpose of building a life together, she should consider withdrawing the petition.
    Answer Applies to: New York
    Replied: 9/14/2011
    Christian Schmidt, Attorney at Law
    Christian Schmidt, Attorney at Law | Christian Schmidt
    She should read again carefully the legal advisals on page two of her visa petition right above the line where she singed.
    Answer Applies to: California
    Replied: 9/14/2011
    Joseph Law Firm
    Joseph Law Firm | Jeff Joseph
    The ultimate issue is whether the marriage is a bona fide marriage. The fact that they got married as a way of preventing him from being deported does not, necessarily, mean that the marriage itself is not valid. To determine whether the marriage is valid, the USCIS will look to whether the couple intends on maintaining a bona fide marital relationship and they will have to have objective evidence of the relationship in order to convince USCIS that the marriage is real. If they do so, then the USCIS will approve the visa petition and he may be able to seek relief in front of the immigration judge and remain in the U.S. If she would like more information or assistance with the process, please have her contact our office to schedule an appointment with one of our immigration attorneys. We look forward to assisting her.
    Answer Applies to: Colorado
    Replied: 9/14/2011
    Law Offices of Alan R. Diamante, APLC
    Law Offices of Alan R. Diamante, APLC | Alan R. Diamante
    If they are in a real relationship it is not fraud unless they solely married for him to fix papers. Separation can be a motivating factor to marry.
    Answer Applies to: California
    Replied: 9/14/2011
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