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Posted: 9/16/2004 4:08:39 PM EST
A friend is about to get divorced, and she's staying with the guy until he gets his citizenship (don't ask).

Can she get in trouble for lying in the interview? They haven't been living together for almost a year.
Link Posted: 9/16/2004 4:13:16 PM EST
it's only a federal felony...don't worry.
Link Posted: 9/17/2004 3:11:43 AM EST

Originally Posted By norman74:
A friend is about to get divorced, and she's staying with the guy until he gets his citizenship (don't ask).

Can she get in trouble for lying in the interview? They haven't been living together for almost a year.



Yes...And they will find out one way or another.

A trouble not worth to get into. IMHO.

Link Posted: 9/17/2004 4:39:13 AM EST
It is perjury. Chances are they won't be caught unless he later becomes a terror suspect. Then she'll be in deep sh*t.

GunLvr
Link Posted: 9/17/2004 4:42:40 AM EST
Link Posted: 9/17/2004 4:50:55 AM EST

It is perjury. Chances are they won't be caught unless he later becomes a terror suspect. Then she'll be in deep sh*t.


+1
Link Posted: 9/17/2004 4:51:26 AM EST
[Last Edit: 9/17/2004 5:18:21 AM EST by AR_Rifle]

Originally Posted By ilikelegs:
What if they still lived together, but are planning to get the divorce afterwards?

Would that person still get into trouble?

No. No law broken yet. (but be careful here, if they detect that there is any fraud committed, to fool, to pretend or lies then it's the end.

Is it just because they are not living together?

Yes. They have to be living together and sleep in the same bed.




There were so many fraudulent claims happened so the rules are very strict.


Edited to add:

They have to be married and living together for five years before he or she can get naturalized (Get the Green Card)

Then after the Green Card, another Five years before their can apply for the U.S Citizenship. It is not automatic. After he or she apply for citizenship then they will get tested, interviewed and then if everything is okay, they will summon to be in front of a judge for the swearing in.



Link Posted: 9/17/2004 4:54:57 AM EST

Originally Posted By norman74:
A friend is about to get divorced, and she's staying with the guy until he gets his citizenship (don't ask).

Can she get in trouble for lying in the interview? They haven't been living together for almost a year.



I believe it takes 5 years to naturalize. How long does he half to go? And yes, it's very bad JuJu to lie in the interviews.
Link Posted: 9/17/2004 6:10:42 AM EST

Originally Posted By AR_Rifle:

Originally Posted By ilikelegs:
What if they still lived together, but are planning to get the divorce afterwards?

Would that person still get into trouble?

No. No law broken yet. (but be careful here, if they detect that there is any fraud committed, to fool, to pretend or lies then it's the end.

Is it just because they are not living together?

Yes. They have to be living together and sleep in the same bed.




There were so many fraudulent claims happened so the rules are very strict.


Edited to add:

They have to be married and living together for five years before he or she can get naturalized (Get the Green Card)

Then after the Green Card, another Five years before their can apply for the U.S Citizenship. It is not automatic. After he or she apply for citizenship then they will get tested, interviewed and then if everything is okay, they will summon to be in front of a judge for the swearing in.






They must have changed something since I got my card. It was two years married and living together for permanent residence and three years from the date of issue of the card to apply for citizenship. We had already been married for two years so I got my card right away.
We got divorced before my three years were up so then it became five years which will be next August for me.
If he's got a green card he's good to go. He will just have to wait longer, five years from the date of issue on his green card.
Lying and getting caught will be bad, dont do it.
I am divorced and I'm still getting in.
Link Posted: 9/17/2004 6:22:05 AM EST
It is really pretty straightforward:


18 USC § 1001 - Statements or entries generally


(a) Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully -

(1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact;

(2) makes any materially false, fictitious, or fraudulent statement or representation; or

(3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry;

shall be fined under this title or imprisoned not more than 5 years, or both.

Link Posted: 9/17/2004 6:22:59 AM EST
I think the bigger question is why is she lying.


Sgtar15
Link Posted: 9/17/2004 6:25:53 AM EST

Originally Posted By captainpooby:

Originally Posted By AR_Rifle:


There were so many fraudulent claims happened so the rules are very strict.


Edited to add:

They have to be married and living together for five years before he or she can get naturalized (Get the Green Card)

Then after the Green Card, another Five years before their can apply for the U.S Citizenship. It is not automatic. After he or she apply for citizenship then they will get tested, interviewed and then if everything is okay, they will summon to be in front of a judge for the swearing in.






They must have changed something since I got my card. It was two years married and living together for permanent residence and three years from the date of issue of the card to apply for citizenship. We had already been married for two years so I got my card right away.
We got divorced before my three years were up so then it became five years which will be next August for me.
If he's got a green card he's good to go. He will just have to wait longer, five years from the date of issue on his green card.
Lying and getting caught will be bad, dont do it.
I am divorced and I'm still getting in.




That's news to me as well - when I got my green card, the only requirement was that you were married - it didn't matter how long you had been married. The five year number only applied to how long you had to wait to apply for citizenship.

Perhaps the rules have changed - but I don't THINK so.
Link Posted: 9/17/2004 7:22:06 AM EST
Good info guys, thanks for sharing.

I don't honestly know how long they've been married, I'll have to find out more details and report back.
Link Posted: 9/17/2004 7:27:58 AM EST

That's news to me as well - when I got my green card, the only requirement was that you were married - it didn't matter how long you had been married. The five year number only applied to how long you had to wait to apply for citizenship.

Perhaps the rules have changed - but I don't THINK so.



The way the woman explained it to me was that you had to be married two years to get "permanent" status. Less than two years and the green card wouldnt say "permanent" but be provisional until we were married two years. Since we were already married for two years I got "permanent" status right away. Thats how I understood it.
Link Posted: 9/17/2004 7:32:19 AM EST

Originally Posted By sgtar15:
I think the bigger question is why is she lying.


Sgtar15



My thought exactly
Link Posted: 9/17/2004 7:36:07 AM EST
She will be in trouble and chances are she will be caught.
I know somebody who went to one of those interview and some questions can only be answered if they did live together and slept in same bed.

Is she getting paid for her service?
Link Posted: 9/17/2004 7:46:45 AM EST
I guess I should clarify.

She married the guy with (at least on her part) honorable intentions. She was not marrying him just to get him his citizenship. Thought he was the guy for her, that they'd be together forever... all that bullshit. They decided to split up about a year ago and she moved out. Eventually he moved out of the apartment that they shared & she moved back in. She lives there now and he lives elsewhere. The bottom line is that they have not cohabitated for about a year. They did live together & sleep in the same bed though for however long they were married prior to that.
Link Posted: 9/17/2004 7:48:14 AM EST
Sorry, I may be off on the number of years for marriage but I am very sure that you have to wait 5 years to be able to apply for citizenship after the Green Card was issued. Hey, I didn't have to get marry to be a citzen.


Like Yobo said. They will ask questions only if the two married couple would know if they are living together and slept together. i.e. "Which side of the bed did he slept on?" if she said on the right and then he said on the left then Bam! No more questions.


Link Posted: 9/17/2004 7:50:36 AM EST
I had a lawyer handle mine. He told me if they think you're legit its no hassle and it wasnt for us. He also said if they have any doubts they'll put you in seperate rooms and ask some very private questions. Like, who sleeps on what side of the bed, what type of underwear she wears....
Does he have a green card, I'm not clear on this?
Link Posted: 9/17/2004 7:50:44 AM EST
[Last Edit: 9/17/2004 7:51:21 AM EST by EricTheHun]
Link Posted: 9/17/2004 9:01:01 AM EST

Originally Posted By captainpooby:

Does he have a green card, I'm not clear on this?



I'm not either, but I'd assume he must since he's been working here. You need that to be able to wokr (legally) correct?
Link Posted: 9/17/2004 10:58:16 AM EST
In my experience, having just done my own naturalization process, and just had the interview for my wife's green card app, the examiners are very good at what they do and I wouldn't try to BS them. They've hear every story in the book, I'm sure. My wife and I practiced a little before her interview to make sure we had all the relatives' names down pat, etc., but the guy could tell we were a real couple and didn't ask much at all. I would not want to go in there trying to hide something. Maybe if the divorce was friendly you could do it, but I've heard some real horror stories about the probing questions on the status of the marriage.

Actually, my brother-in-law is in the same boat, but in his case it was the US girl who was the psycho and he is just trying to salvage his immigration status
Link Posted: 9/17/2004 11:26:50 AM EST
Yes, she can get into big trouble.

BUT, if she was married to him, she can leave - they have provisions for such a thing. Just because they are divorced doesn't mean they can kick him out.
Link Posted: 9/17/2004 1:38:11 PM EST

Originally Posted By norman74:

Originally Posted By captainpooby:

Does he have a green card, I'm not clear on this?



I'm not either, but I'd assume he must since he's been working here. You need that to be able to wokr (legally) correct?



If he has permanent resident staus ie a green card already he's fine. He's already in, he just has to wait longer to apply for citizenship.
Tell him not to do anything illegal.
Link Posted: 9/17/2004 1:44:05 PM EST
I know a guy here who married a foreign lady so she can get the green card.
He said he was getting paid $5,000 for his "trouble". He just has to stay "married" for couple years.
Link Posted: 9/17/2004 1:47:43 PM EST
So all I gotta do is find a hot foreign chick and offer her a way in? Sweet, I have one in mind.
Link Posted: 9/17/2004 1:59:28 PM EST

Originally Posted By captainpooby:

Originally Posted By norman74:

Originally Posted By captainpooby:

Does he have a green card, I'm not clear on this?



I'm not either, but I'd assume he must since he's been working here. You need that to be able to wokr (legally) correct?



If he has permanent resident staus ie a green card already he's fine. He's already in, he just has to wait longer to apply for citizenship.
Tell him not to do anything illegal.



I'd love to see him do something illegal. Hopefully illegal enough to wind up in jail.
Link Posted: 9/17/2004 2:17:03 PM EST

Originally Posted By AR_Rifle:

Originally Posted By ilikelegs:
What if they still lived together, but are planning to get the divorce afterwards?

Would that person still get into trouble?

No. No law broken yet. (but be careful here, if they detect that there is any fraud committed, to fool, to pretend or lies then it's the end.

Is it just because they are not living together?

Yes. They have to be living together and sleep in the same bed.





There were so many fraudulent claims happened so the rules are very strict.


Edited to add:

They have to be married and living together for five years before he or she can get naturalized (Get the Green Card)

Then after the Green Card, another Five years before their can apply for the U.S Citizenship. It is not automatic. After he or she apply for citizenship then they will get tested, interviewed and then if everything is okay, they will summon to be in front of a judge for the swearing in.





I'm confused...

My wife got her "green card" within 30 days of "in-processing" into the US at SF international airport on her immigrant visa. Getting the "green card" is not the same as getting "naturalized." The green card only identified her as a legal alien and allowed her to get a SSAN and work in the US. She then had to wait 5 years to take her citizenship test.
Link Posted: 9/17/2004 2:18:56 PM EST

Originally Posted By stormwalker:
it's only a federal felony...don't worry.



Link Posted: 9/17/2004 6:07:07 PM EST
Here is my experience on the issue. My wife came to the U.S. on a fiancees visa in 1998 and we were married. Two years after that WE had to go to the INS and be interviewed for her green card. They interviewed us seperately, UNDER OATH and we had to show proof that we lived together for the entire two years.

Three years after that we applied for her citizenship, again you have to show proof that you have been living together for the entire three years. Then when she was called in for her test and interviewed, she was again placed UNDER OATH.

It is funny that I am posting on this thread today, because today my wife took her Oath of Allegiance and now she is a U.S. Citizen.

And yes she is voting for W!!
Link Posted: 9/17/2004 6:11:05 PM EST

Originally Posted By CombatComm:

It is funny that I am posting on this thread today, because today my wife took her Oath of Allegiance and now she is a U.S. Citizen.

And yes she is voting for W!!



Congrat to both of you.
Link Posted: 9/17/2004 6:12:58 PM EST
Thank you, I couln't be PROUDER
Link Posted: 9/17/2004 6:23:58 PM EST
[Last Edit: 9/17/2004 6:26:16 PM EST by LRdrvr]
I'm going through the same stuff right now.
If you get married the spouse who is a US citizen has to petition for residence status for the other spouse. Initially you will receive a greencard that expires after 2 years. If you can prove (and that's easy to do since the INS tells you which documents they want to see) that you're still married to the same spouse that your temporary greencard is based on then you will get permanent residency status aka permanent resident alien aka permanent green card.
After 3 years of being married to the same spouse your initial greencard was based on you can apply for US citizenship. If you're not married anymore you have to wait 5 years.
This is the law right now.

!!!CAUTION!!!
When you as the US citizen petition initially for your spouses "green card" you will be held financially liable for her for 10 years. So, choose wisely......



Edited to add: Don't lie to the Bureau of citizenship services (I guess that's what they're called these days). If you're in doubt about your case consult an immigration attorney. He'll help you get things sorted out.
Link Posted: 9/18/2004 9:47:09 AM EST
They rarely prosecute the USC spouse. They will try to deport her though. That's when she'll claim that the marriage failed due to domestic violence to get an exception.
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