This article empowers individuals who have been victims of marriage fraud by providing essential information and guidance on how to protect themselves and navigate the legal steps to address the situation.
Seeking Legal Counsel
The first and most important step is to consult with a family law attorney in your state. They can provide valuable guidance on how to end your marriage on the best possible terms, addressing issues like property division, child custody, and spousal support. Depending on your situation and state laws, you might consider pursuing an annulment based on fraud, which can nullify the marriage as if it never existed and significantly impact your legal and financial status.
Immigration Considerations
In addition to a family law attorney, consult an experienced immigration lawyer to help navigate the immigration-related aspects of your situation. Here are key points to keep in mind:
Withdraw the Joint Petition:
If USCIS has not yet decided on your Form I-751, Petition to Remove the Conditions of Permanent Residence, promptly submit a letter to withdraw the joint petition and decline any scheduled interviews related to it.
Be Aware of a Possible Waiver Request:
Even if you withdraw the joint petition, your spouse might file a new I-751 petition requesting a waiver of the joint filing requirement. This is a critical point where your attorney’s expertise is essential to protect your interests.
Reporting Marriage Fraud:
If your spouse has already been granted a ten-year green card and you believe the marriage was fraudulent, you can report this to USCIS or ICE. Be cautious, as your statements can be used against you. Both agencies have extensive experience in handling marriage fraud cases, so proceed carefully.
Financial Obligations
An often overlooked aspect is the financial obligations that come with sponsoring a spouse. When you sponsored your spouse’s green card application, you likely signed Form I-864, Affidavit of Support. This document is a binding contract with the U.S. government, committing you to provide financial support to your non-citizen spouse. This responsibility continues even after divorce until your spouse obtains U.S. citizenship or loses their green card status and leaves the U.S. Understanding this commitment is crucial to managing your financial situation effectively.
Dealing with immigration marriage fraud is challenging and emotionally taxing. To protect your rights and interests, seek legal counsel immediately by consulting both a family law attorney and an immigration lawyer. Remember, immigration authorities take marriage fraud seriously, but it’s essential to act within the law to protect yourself. With the right legal guidance and understanding of your financial obligations, you can navigate this difficult situation for the best possible outcome.
