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Marriage Cases Check List

___ Petitioner’s financial information for Affidavit(s) of Support (See attached.)

___ Tax returns—last 3 years (individual and joint returns for both spouses)

___ Employment letter and Pay stubs for recent Year

___ Certified copy of birth certificate with translation of beneficiary

___ Certified copy of marriage certificate with translation

___ Certified copy . . . → Read More: Marriage Cases Check List

K1 Visa / Fiance Visa Definition

A K-1 Fiance visa is a non-immigrant visa issued to prospective husbands or wives to the U.S. with the intention of marrying them within the statutory time period of 90 days from entry. A non-immigrant is a foreign national seeking to temporarily enter the United States for a specific purpose. A fiancé(e) may not obtain . . . → Read More: K1 Visa / Fiance Visa Definition

Fake Marriage is US Immigration Fraud

This is why I always reiterate, defrauding the federal government is not only felonious it’s foolish. Desperate people wanting to make a buck and thinking that entering into a sham marriage will be the answer may be in for a big surprise. Entering into . . . → Read More: Fake Marriage is US Immigration Fraud

Immigration Fraud in Sham Marriages

This is why I always reiterate, defrauding the federal government is not only felonious it’s foolish. Desperate people wanting to make a buck and thinking that entering into a sham marriage will be the answer may be in for a big surprise. Entering into fraudulent marriages for immigration purposes give the rest of the legitimate cases a bad rep and unfair to those that have taken legal steps to ensure they are reunited with their loved ones.

RYAN NICKLAUS WILLIAMS, 28, of Puyallup, Washington was sentenced today in U.S. District Court in Tacoma to 37 days in jail with credit for time served, 100 hours of community service, four months of electronic home monitoring, and three years of supervised release for the crime of Conspiracy to Commit Visa Fraud. In sentencing WILLIAMS, U.S. District Judge Ronald B. Leighton noted that the visa fraud conspiracy was a “very serious offense” that had a profound effect on legitimate visa seekers.

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When a Widow is No Longer Considered a Spouse Under U.S. Immigration Laws

This article by my vigilant colleague, Brent Renison, has a poignant message regarding the rigid immigration system and its archaic interpretation of a spouse. I was inspired by Brent and went on to represent two widows who were entangled in this immigration mess, and while one was successful, the other is part of Brent’s class action. Here’s the article and link.

On November 23, 2008, CBS “60 Minutes” exposed the Widow Penalty to a national audience in a segment hosted by Bob Simon entitled “For Better or For Worse – A Loss of Love and Country.” This letter is written to the Obama-Biden Transition Team in an effort to educate the incoming Administration about the Widow Penalty, and to urge its end through administrative interpretation and through legislation. There is a way to ameliorate the Widow Penalty through a simple administrative policy change – to recognize that once an application for benefits is lawfully filed, the death of the petitioning relative does not automatically strip the survivor of the status of a spouse. There is also a way to help thoseSurviving Spouses Against Deportation Urges An End To The Widow Penalty who intended to file an application, but who did not have an opportunity to do so before an untimely death – through legislation.

Continue reading When a Widow is No Longer Considered a Spouse Under U.S. Immigration Laws

She Wants Hubby Deported

Q: I am a United States citizen. I petitioned for my husband and brought him here from abroad. After three years of marriage and just seven weeks after immigrating, he abandoned me and asked for a divorce. It is clear to me that he married me only to get his green card. Can I get my husband deported?

A: At this point, you can’t do much to affect your husband’s immigration status. Because you thought the marriage was genuine, it would be almost impossible for you to prove fraud. And because you were married more than two years on the day he became a permanent resident, the U.S. Citizenship and Immigration Services won’t be checking to see how your marriage worked out. Move on with your life. Trying to get revenge won’t help.

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Common Questions Regarding Good Faith Marriage

QUESTIONS REGARDING GOOD FAITH MARRIAGE

1. When and where was your spouse born? What is your spouse’s birthday.

2. How did you and your spouse meet? Where?

3. Where was your first date?

4. How long did you date prior to marriage?

5. When did your spouse propose to you?

6. Where did you marry, at Church, the Courthouse? Did you have a wedding reception?

7. Where was your honeymoon? What’s the name of the hotel? Why didn’t you have a honeymoon?

8. What are the names of your in-laws?

9. Have you met them?

10. Name some of your spouse’s best friends?

11. Have you met them?

12. What is the name and birthday of your spouse’s children? Where are they living at?

13. What school do they go to? Do you pick them up? If so, how often?

14. Does your spouse have any scars or tattoos or birthmarks, where? Can you describe them?

15. How many rooms are in the house?

16. Do you attend religious services together? What is the name of the religious establishment and priest, pastor, cleric or rabbi?

The Examiner also can ask questions relating to sleeping habits, underwear and clothing preference. Be prepared for any personal or private questions in addition to these.

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Traveling to the US and Married to an American

Q: I am an UK citizen married to an American and we are currently living in Chiang Mai, Thailand. I have a Thai visa and work permit. I am going to be spending a lot of time in the USA trying to get our business off the ground there. At most I’ll be staying one month at the time and then return to Asia. However, I will be visiting the US regularly over the course of the next year or so and ultimately might even relocate.

Can I visit on and off the US using a tourist visa or are there any restrictions? Anything else I should do/not do?

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Fiance Visa K1: Visa Fraud

The U.S. Embassy, Consular section in Manila reports the second highest number of visa fraud cases, following only the American Consulate in the Dominican Republic. The Philippine government for some time now has outlawed “mail order marriages”. In addition, the US I-129F Fiancée Visa Petition carries with it two requirements which prevent a “mail order marriage”:

*The couple must have met in person within two years of the visa petition. Photographs of the couple together in front of recognized locations preferably with date stamp are extremely vital.

*The lady fiancée must marry the gentleman within 90 days or return home.

The I-129F Petition for Fiancée Visa is intended for American citizens who legitimately show a genuine relationship and intention to marry with a foreign lady. Penalties under Section §1325(c) of the Immigration and Nationality Act of 1997 (as amended) for fraud conviction are severe: 5 years imprisonment or $250,000 fine or both.
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National Identity Cards Mandatory for Certain Foreign Nationals

The United Kingdom will require certain foreign nationals to apply for a national identity card as of November 25, 2008. At this time, the government has focused on students and foreign nationals seeking leave to remain on the basis of marriage. Within three years, all foreign nationals applying for leave to enter or remain in the UK will be required to have a national identity card.

Continue reading National Identity Cards Mandatory for Certain Foreign Nationals

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