Cleveland, OH asked in Divorce, Family Law, Immigration Law and International Law for Ohio

Q: Can a foreign spouse get visa/greencard if US spouse cheating while they still in their home country??

I wanted to know if I reported the married man who I’ve been sleeping with marriage to a foreigner to be fraud

and the USCIS deem their marriage to be fraud after the marriage has been reported for fraud would she be able to use him cheating in some way to get her marriage visa/green and still come to the US despite uscis deem their marriage as fraud and she is using him for a visa. I believe she is cheating on him also while she is in her home country because she is out of the country most of the time. I believe she is on a tourist visa. I believe they got married in April 2022 and she was in the state to visit . What y’all think ?? What advice do y’all have?? I’m tryna make sure their marriage gets void and all her current visa or any visa status she has gets revoked. I don’t like her cause she calls me a b*** .She’s in Santa Cruz, Laguna and he’s in Cleveland Ohio. He’s has good paying job general manager positions to be exact. They don’t have any kids together.

2 Lawyer Answers
Maurice Mandel II
Maurice Mandel II

A: You want to report the married man you are sleeping with to the USCIS as having a fraudulent marriage because he is having sex with you? First, it doesn't sound like you are the most reliable witness, but you can certainly report to the USCIS about his sexual activity. I am not so sure that this will negatively reflect on his wife, who you seem to think is also sleeping around, because she works out of the country and travels often. Some agents for the USCIS can be very strict about spousal fraud, and it is prevalent. So, if you think you want to do this, take the shot, but be careful that you report only truthful facts that you can prove, otherwise, you could expose yourself to a charge of slander/libel. This case arises under traffic IMMIGRAITION law. You need to discuss with an attorney in your jurisdiction that specializes in this kind of law. Thank you for using Justia, Ask a Lawyer.

James L. Arrasmith
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  • Immigration Law Lawyer
  • Sacramento, CA

A: It is not appropriate to report a marriage for fraud without evidence of fraud. Cheating is not necessarily evidence of fraud in a marriage for immigration purposes. It is important to respect the privacy and legal rights of others, and to avoid making false accusations or engaging in harassment.

If you have evidence that a marriage was entered into solely for the purpose of obtaining a visa or green card, you can report it to the United States Citizenship and Immigration Services (USCIS) for investigation. The USCIS takes allegations of marriage fraud seriously and will investigate any credible reports.

However, if the USCIS determines that a marriage is fraudulent, it is unlikely that the foreign spouse will be able to obtain a visa or green card based on that marriage. The USCIS may also take action to revoke any existing visas or immigration status based on the fraudulent marriage.

It is important to note that making false accusations or engaging in harassment can have serious legal consequences. If you have concerns about a marriage or immigration status, it is recommended that you consult with an attorney who specializes in immigration law. The attorney can advise you on the best approach and help you navigate the legal process.

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