The standard penalty for defrauding NIS through the actions of a "sham-marriage" is up to 5 years in a federal penitentiary due to the nature of the illegal action being a federal crime and fine of up to $250,000, immediate deportation of the illegal who is involved in the act, and permanent ban of future visa applications for that illegal.
Marriage Fraud is grounds for some severe penalties and attempting to dupe NIS Officers in the interview/interrogations phase is the worst decision anyone can make.
NIS has the right to overthrow any state marriage certificate or legal proceedings because they hold jurisdiction over the nation and state marriage legal proceedings answer to NIS not the other way around.
It is very difficult to defraud NIS Officers due to the harsh, stiff, and deeply personal nature of the questions asked of each individual. Generally speaking, a single inconsistency in answers can lead to immediate deportation, fine, and imprisonment. Also, no country is seen as less of a threat than others, or in layman speak, attempting to marry someone from Iraq is exactly the same as marrying someone from Canada. All are seen equally and in this day and age, with the wars overseas and potential threats from overseas terrorists, and the involvement of Homeland Security, it is becoming even more difficult to slip a marriage past NIS.
Quite simply, if you attempt to defraud the NIS with a sham marriage, expect to pay the penalty if you are caught. If the penalty is not worth it or could potentially destroy your future and credibility (bankruptcy, federal felony record, Immigration Black Status, etc.) do not attempt this crime. The potential to destroy lives because an individual simply cannot complete the procedures to become a naturalized citizen legally is overwhelming.
go to us immigration and customs enforcement> contact us> regional office
Marriage for the purpose of obtaining entry into the US is fraud and against the law.
No, that is known as BIGAMY, and is against the law(at least in the US). If the purpose of the US marriage was to gain American citizenship, that is FRAUD and is a federal offense.
That should be reported to the District Attorney's office of the county in which the fraud took place. You aren't "filing", you are simply presenting him with the evidence of the fraud. In the case of marriage, that would be proof of a blood relationship, affidavits from someone who may have witnessed the "shotgun" nature of it, or such like that.Assuming enough evidence, the District Attorney would then charge the people involved.ADDED: If this was a fraud marriage in order to get an alien qualified for US citizenship, notify the Immigration and Customs Enforcement branch (ICE) of Homelansd Security.
If the marriage was purely for the purpose of obtaining a Green card and if the USCIS comes to know of it, then the Green card will be revoked. The person will get to lose the legal permanent resident status.
You had better contact INS (ICE?) about that one since it might be considered some kind of fraud and you could be committing a major crime if they can prove that the marriage isn't real.
I am not a lawyer, and as such I am not entitled to give legal counsel, but if the marriage can be proven to be a sham, it can be dissolved and the alien can be deported. This is fairly rare, has happened in few cases, but the other party in such can be held liable for fraud.
Deportation would take place if there is any fraud in the application of citizenship as well as the marriage. Also depends on which country you are coming from. Any point of fraulent marriage null and voids it and bye bye baby.
The crime of Fraud is a jury-demandable criminal trial offense.
By prosecute you mean sue right because only attorneys and judges can prosecute. Anyway, you file a suit for divorce and the reason would be for whatever you think the fraud is. This is best for a attorney to word so you dont miss anything. When the matter refers to a fraudlent marriage connected with immigration issues the US Immigration and Customs Enforcement have jurisdiction. http://www.ice.gov
The charges for business fraud in the U.S. include many factors. The size of business, the type of fraud, how many people were affected by the fraud, and how these people were affected.
well as always you need the advice of a competent costa rican lawyer since the costa rican courts would have jurisdiction you say the marriage was a fraud. if that was the case then you could not get spousal support because in order to get it the marriage has to be legal first and foremost. as far as spousal support please don't hold your breath. the courts here are notorious for handing out very low awards.