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Aside from the ethical issue, IF Immigration want's to, they can make your life miserable. Writing a letter would put you smack in the middle of further action.
For example, take you in a room and ask you a list of questions:
When did you meet him/her?
Where was it?
What is his family history/are his family members names?
What did you have for dinner this week?
Let's just say this guy is on a list for something shady...THAT would be a case where they'd go to the trouble of involving you with interviews like this.
You would have knowingly made a false statement to a government official in order to attempt to sway the outcome of an investigation. At the local level you could certainly be criminally charged; I am sure the government has a comparable law against the matter.
Would it help kick him out of the country quicker if you wrote a letter with the truth?
Something like: I've never met him, he's been here illegally for 10 years, she's trying to get people to lie in the form of a letter...
With legal ways to immigrate here (I'm a legal immigrant), he should've done it legally years ago. Instead he's been leaching off the American citizen taxpayer supplied benefits for 10 years.
I didn't want get entangled in any legalities as complex as immigration (illegal immigration at that), especially when it has nothing to do with me.
I researched the immigration laws a little further and either way they are screwed. She can't petition for him because he never had any kind of visa in the first place regardless of them being married, and if they go with the consular processing option, he won't be able to come back into the U.S for 3 to 10 years because he has been here illegally for more than a year.
It is true that my friend would have an emotional breakdown if he gets deported or if he left her because he was only in it for citizenship because she wants to be in a relationship very badly. But they clearly didn't think this out. He probably believed the myth that marriage guarantees citizenship, as he is on her to help him apply for status--but he's not qualified.
From what I have read so far, it looks like their best bet would be to move to his country if she doesn't want separation by deportation.
Deportation is such a fashion word Very few spouses of US citizens do note get Green Cards.
Deportation is such a fashion word Very few spouses of US citizens do note get Green Cards.
But, this man is in the country illegally, otherwise, I would agree.
OP is doing the right thing not getting involved. Sounds to me like the friend is desperate for a man, exactly the kind of woman that these illegals target hoping to get citizenship. If they want to be together, they can go to his country, but I am guessing that he won't be willing to do that.
I would suggest that the friend consider counseling if she is having "stability" issues. I would bet this illegal alien is putting a great deal of pressure on her.
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. 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?
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.
Quote:
Originally Posted by Atlanta_BD
I didn't want get entangled in any legalities as complex as immigration (illegal immigration at that), especially when it has nothing to do with me.
I researched the immigration laws a little further and either way they are screwed. She can't petition for him because he never had any kind of visa in the first place regardless of them being married, and if they go with the consular processing option, he won't be able to come back into the U.S for 3 to 10 years because he has been here illegally for more than a year.
He probably believed the myth that marriage guarantees citizenship, as he is on her to help him apply for status--but he's not qualified.
Ok, a couple things. I'm not an immigration attorney. However, I have been through this process with a few members of my wife's family.
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.
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.
A green card is NOT citizenship. Marriage does not guarantee citizenship. It DOES allow you to apply for a green card. You have to wait 3 years before he could apply for citizenship, and he'd have to be married the entire time.
They will ask all sorts of questions regarding the marriage... what your spouse's date of birth is, favorite color, phone number, best friend, etc. They will want to see commingled assets like bank accounts, or cars in both parties names. They will want to see photographs of the two of them together, doing things. This is where your letter would come in. It's just part of the information they'd like to see to confirm if this is a valid marriage, or if it was just to get a green card.
However, since you'd be lying for them, do not do it. Furthermore, if this guy currently has a job, they may request the hiring documents he signed when he applied for the job. If this guy ever claimed to be a US citizen on an official government form (I-9) and they find out, he is automatically barred from obtaining a green card or citizenship for life. In that case, being married will be of no help to him.
OP, you have been given lots of good information here - and my opinion also is that you did the right thing in refusing this request. I just want to add though that this woman who contacted you is no 'friend'. I would not communicate with her again.
She may just be misguided rather than trying to deliberately use you, but, she is obviously not that bright if that is the case. I would stay well away from her from now on. I am glad you were smart enough to consider the consequences of helping her in this instance before you acted.
....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?
Presumably they have marriage documents, which should suffice for proving that they are legally married.
What is it that you are "vouching" for? Simply the fact that she will be upset, etc.? I think your veracity might be questioned if you have never met the man and are not acquainted with their married life, but what else? But you wisely did not choose to get involved, and that's that.
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.
Ok, a couple things. I'm not an immigration attorney. However, I have been through this process with a few members of my wife's family.
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.
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.
A green card is NOT citizenship. Marriage does not guarantee citizenship. It DOES allow you to apply for a green card. You have to wait 3 years before he could apply for citizenship, and he'd have to be married the entire time.
They will ask all sorts of questions regarding the marriage... what your spouse's date of birth is, favorite color, phone number, best friend, etc. They will want to see commingled assets like bank accounts, or cars in both parties names. They will want to see photographs of the two of them together, doing things. This is where your letter would come in. It's just part of the information they'd like to see to confirm if this is a valid marriage, or if it was just to get a green card.
However, since you'd be lying for them, do not do it. Furthermore, if this guy currently has a job, they may request the hiring documents he signed when he applied for the job. If this guy ever claimed to be a US citizen on an official government form (I-9) and they find out, he is automatically barred from obtaining a green card or citizenship for life. In that case, being married will be of no help to him.
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.
My experience was over 10 years ago, so they may very well have some kind of "hardship" exception now that would allow him to stay while applying. That's what it sounds like the OP is being asked to vouch for.
To your question OP, the chances of facing any kind of consequence for vouching dishonestly are probably very low, but I think you'd be wise to steer clear of this entire mess either way.
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Very few spouses of US citizens do note get Green Cards.
