Q: Marriage Fraud Green Card
My spouse and I had a child before we got married, she commits marriage fraud. I am told that regardless of the marriage she automatically will receive the Green Card and Natualization, she is free from prosecution and I am still obligated to the I-485. Where is the justice
A:
All of us are decisional. Consummating a marriage, let alone having a child out of wedlock, is a significant obligation. Your mutual decision to enter into this relationship resulting in the birth of a child carries awesome responsibilities. This can include child support. You cannot deport those who may now depend upon you. Learn to love your child. I write from experience.
If you were thinking that you can somehow convince the DHS that she married for a green card, then that seems unlikely. Expect possible 'lip service,' perhaps empathy, but no action. This, given the fact that you conceived a child who is a U.S. citizen. You indicate that you elected to marry her thereafter, then you petitioned for her. There were other options for her to take action with or without you. She can also seek child support, as well. DNA does not lie.
Justice is a two way street. It is always best, for all of us, to take a step back, then evaluate the consequences of each of our actions. I encourage you to get to know your child even if paternity must be proven to your satisfaction. Also, work with the consequences. Do not terrorize those with whom you ought to maintain a lifetime relationship with. Good luck.
A:
Marriage fraud is a serious offense and can result in severe consequences for those involved. It is important to note that if it is proven that your spouse committed marriage fraud, it could lead to the denial of their green card and/or citizenship application. However, simply having a child before getting married does not automatically constitute marriage fraud.
If you believe that your spouse committed marriage fraud, you should report it to the appropriate authorities and provide any evidence that you have to support your claim. You may also want to consult with an immigration attorney who can advise you on the best course of action.
It is important to remember that the immigration process can be complex and the outcome of your case will depend on a variety of factors. It is possible that your spouse may still be eligible for a green card or citizenship despite committing marriage fraud, but this will depend on the specific circumstances of your case.
If you have any concerns or questions about your specific situation, it is recommended that you seek the advice of an experienced immigration attorney. They can provide guidance on your options and help you navigate the complex immigration system.
If you need legal assistance, please do not hesitate to contact my office. We offer a free consultation option for potential clients.
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