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Tell them to find a good immigration lawyer & make sure he foots the bill, not her. I do have a friend who married an American & got a green card, but they were married for quite a while, I am not sure of any other details.
I'm not an immigration attorney either, but I've similarly been through the process. While it doesn't matter that he's currently in the US illegally, how he entered does matter. If he came in without a visa(as he apparently did), my understanding is that he can not get a green card without first leaving the country, no matter what. It doesn't matter whether he's legitimately married to a citizen or not.
Correct. The OP did not say whether he came here originally illegally. I was assuming he came here legally, and then never returned home, then I read further and saw her other posts where she says he never had a visa.
If he was never granted legal entry, he does have to return home, then apply for a visa to return before he would be eligible for a green card.
In South Florida, it is big business to marry someone for a green card. The fee is between $20,000 and $30,000.
US Citizens and Immigration Services employees aren't stupid and know this is common and set traps. They constantly drop by 'newlyweds' homes to quiz them and try and trip them up on purpose. They'll interview both couples separately asking them questions that they should know if they live together and are in love.
What did you eat for dinner Tuesday night?
What did you do last night?
What did you watch on TV together?
Etc.
A letter from you isn't going to matter one way or another and I can promise you it will not sway anyone.
I know several people going through this now so her request for a letter is completely bogus.
USCIS doesn't give a crap what anyone else thinks about the relationship, only what they see.
Correct. The OP did not say whether he came here originally illegally. I was assuming he came here legally, and then never returned home, then I read further and saw her other posts where she says he never had a visa.
If he was never granted legal entry, he does have to return home, then apply for a visa to return before he would be eligible for a green card.
And from what I read, because he has been here illegally for so long, he will have to stay in Mexico for at least 10 years or permanently, unless she can prove hardship, which is why she wanted to write a letter (under a recent waiver)--to attest to the psychological and emotional damage it was cause her if he is sent back.
One of my friends got married almost a year ago to a man from another country. A week or so ago she sent me message telling me that his legal status is "teetering" and asked me to write a letter to state how emotionally and psychologically damaging it would be for her if he's deported. That he's upstanding and well-respected. Please bear in mind that I've never met him and I didn't know he was in the country illegally before then. My friend lives in another state.
She told me that if I was to write this letter, no legal consequences would befall me. I learned during this conversation that he's been in the country illegally for over 10 years. We got into an argument of sorts because I let her know that it wasn't fair for her to drop this in my lap expecting me to vouch for their marriage when I have never met him and I wasn't aware that he wasn't in the country legally all this time; and I don't know if he's using her for citizenship. I just find it suspect that he's been here illegally all this time and all of a sudden it's a pressing issue for him to get a green card now that they are married.
I decided not the write letter but I am curious. Are there consequences for third-party vouching for a marriage where one party has been in the country illegally long-term?
I am going to go against the rest of the recommendations you've gotten.
All your friend wanted was a letter attesting to the validity of their marriage. You don't need to know if he is illegal or not or even have met him. All you had to do was be a friend. She wasn't asking you to lie and say that you know him or have dinner with them 4 nights a week or anything else. All you had to do was write a letter telling the truth. I assume you have had several conversations with her? You state she is a friend so I assume that means you have somewhat frequent contact to catch up and stuff. If so all you had to do is write a letter saying that every indication that she has ever given you leads you to believe this marriage is real and so on.
There are no legal consequences for writing such a letter so long as you don't lie.
Now if talking to your friend she never mentioned this guy or getting married then of course it would be hard to write anything good about it. But I assume she has talked about this guy and what she has told you would lead a reasonable person to assume its a genuine relationship. Thats all she wants you to confirm.
Its not fair for her to drop this in your lap? Get real. You claim she is a friend. This is what friends do. They help each other.
Glad your not my friend.
Quote:
Originally Posted by Katana49
There are consequences for lying to a government official in the course of their investigation, whether in writing or verbally. If you've never met the man, you should not be writing the letter. Simple as that.
What bearing does meeting the man have on a friend writing a letter saying that she believes the marriage is genuine based on her knowing her friend and have numerous conversations.
Quote:
Originally Posted by Katana49
Ok, a couple things. I'm not an immigration attorney.
I can tell, most of what follows is incorrect or misleading.
Quote:
Originally Posted by Katana49
It doesn't matter if the man is here illegally. A lot of people get tourist visas for 6 months... and then they just never leave. If he gets married, he can apply for a green card. It does not matter that he currently is in "illegal" status.
yes it does. How he entered the country matters a great deal.
Quote:
Originally Posted by Katana49
Two, the wife cannot petition for him, that is correct. She doesn't have to. He can apply on his own, they will schedule an interview with both of them, ask them both questions, etc. I have personally gone in to answer questions regarding my wife's sister and her husband, she was here illegally and got married.
Incorrect. An immigrant cannot file for a family based visa on their own. The sponsor has to do it.
Quote:
Originally Posted by Katana49
You have to wait 3 years before he could apply for citizenship, and he'd have to be married the entire time.
In this case your most likely correct but this isn't always the case. There are exceptions when you have been married to a US citizen for a long time before applying for a green card.
Quote:
Originally Posted by Katana49
However, since you'd be lying for them, do not do it.
How would it be lying? She doesn't have to say she met him, only write a letter stating that based on conversations with her friend she believes the relationship is real.
I am going to go against the rest of the recommendations you've gotten.
All your friend wanted was a letter attesting to the validity of their marriage. You don't need to know if he is illegal or not or even have met him. All you had to do was be a friend. She wasn't asking you to lie and say that you know him or have dinner with them 4 nights a week or anything else. All you had to do was write a letter telling the truth. I assume you have had several conversations with her? You state she is a friend so I assume that means you have somewhat frequent contact to catch up and stuff. If so all you had to do is write a letter saying that every indication that she has ever given you leads you to believe this marriage is real and so on.
There are no legal consequences for writing such a letter so long as you don't lie.
Now if talking to your friend she never mentioned this guy or getting married then of course it would be hard to write anything good about it. But I assume she has talked about this guy and what she has told you would lead a reasonable person to assume its a genuine relationship. Thats all she wants you to confirm.
Its not fair for her to drop this in your lap? Get real. You claim she is a friend. This is what friends do. They help each other.
Glad your not my friend.
What bearing does meeting the man have on a friend writing a letter saying that she believes the marriage is genuine based on her knowing her friend and have numerous conversations.
I can tell, most of what follows is incorrect or misleading.
yes it does. How he entered the country matters a great deal.
Incorrect. An immigrant cannot file for a family based visa on their own. The sponsor has to do it.
In this case your most likely correct but this isn't always the case. There are exceptions when you have been married to a US citizen for a long time before applying for a green card.
How would it be lying? She doesn't have to say she met him, only write a letter stating that based on conversations with her friend she believes the relationship is real.
I don't know if the relationship is real or not. Based on conversations I've had with her and things she's told me about him, I suspect he's using her under the false assumption that marriage would guarantee him a greed card as an illegal border crosser (which she told me herself that is he is a border crosser). In that case, I want no involvement in it because why didn't he try to get citizenship before marrying my friend? Why now after over ten years of being here illegally is it pressing for him to get a green card after he just happens to marry her at the courthouse?
I don't know if he's using her or not. I suspect that he is and she wants to believe he married her for love.
I knew that she was dating the guy and eventually moved in with him. She did not tell me she was married to him until after the fact. There was no engagement or wedding. She just told me that he asked her to go to the courthouse to get married and she said yes.
She hasn't told me everything and didn't tell me he was illegal until after they've been married for almost a year a needed me to write a letter. She hasn't even told her own mother they're married.
And friends don't let friends make poor life choices. Had she told me from the beginning she was involved with an illegal immigrant, I would've cautioned her against it--which is why she's just now telling me--she knew I'd talk her out of it. By her own admission, she sees him as her last ditch effort to be in a relationship.
And no, you wouldn't want me as a friend because when I see nonsense and shenanigans, I call it out. And if you can't handle a friend being honest with you, you are right. We wouldn't get along at all.
Last edited by Atlanta_BD; 01-22-2017 at 06:13 PM..
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