Q: If there's deliberately incorrect info on a marriage license used for a green card, does that invalidate the green card?
My father secretly married a foreign woman in the US while living with another woman in the house where the foreign woman said she was living on the marriage license. Would that invalidate the marriage license? I'm asking because I'm worried that she's scheming to divorce him and take half his assets once she's been married long enough to establish permanent residence. She's extremely manipulative.
A:
It’s more complicated than that. It ‘appears,’ unless he is lying, that he ‘was not’ or ‘is no longer’ in love with this so called manipulative woman. Some men lie about past relationships gone bad.
It also appears that he does not plan to share his life with her, nor does she plan to share her life with him. However, more information is needed directly from him. It is likely that DHS can figure it out with a competent adjudicator.
A marriage, for immigration purposes, is much more than saying I do! This fact pattern suggests that your dad is committing marriage fraud which is a Federal crime. If caught, he may be arrested, detained and indicted. If the USCIS properly investigates, it will likely delay or deny the petition if the facts are proven to its satisfaction.
In addition, this woman may force your dad to support her for up to ten years if USCIS somehow approves the case. If caught, she can be arrested, placed in deportation proceedings, and/or detained and removed depending upon all of the facts along with DHS discretion.
He should seek advice from a competent immigration attorney as soon as possible. He should consider withdrawing the immigration petition that he filed for her as soon as possible! He should also hire a divorce attorney. This, also to determine whether annulment of the marriage is still possible based upon the law in his state or the state in which he married her. If arrested, by ICE or the Department of Justice, he will need a criminal attorney, as well.
The above is general information, not legal advice, and does not create an attorney client relationship.
A: It is probably a question of intent, but you’ll have to check with the state authority that issues marriage licenses to see if the incorrect address would invalidate a marriage license or certificate.
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