need advise - very urgent

[nshah0507]

it's regarding an Indian person, who had done fraud to his Indian wife by filling forge divorce paper , and then got married to US-citizen lady for Green-card. and his original wife came to know about all this recently. He was doing all this from last 6 years. he got his green-card in Jan'2011.
Now he has to apply for his renewal, he is cheating his american wife as well as his first wife who is in India, with whom he didn't take legal divorce, only submitted forge divorce papers in US Immigration to get marry to that american lady. So what can be punishment for the person who is cheating both of them. what action the Indian lady can take against him to realize his mistake

[dhira_98]

As long as he is having a good relationship with new wife, his green card will be renewed. You have to file a case against this person in INDIAN Court against forging divorce documents and Marriage without divorcing first wife. As long as he is having good relationship with new wife, it will be very hard to do anything. You should consult a divorce/Immigration lawyer for this purpose.

[mickey_mouse]

As long as he is having a good relationship with new wife, his green card will be renewed. You have to file a case against this person in INDIAN Court against forging divorce documents and Marriage without divorcing first wife. As long as he is having good relationship with new wife, it will be very hard to do anything. You should consult a divorce/Immigration lawyer for this purpose.

No, that is not correct. When he presented **** documents he committed fraud - which can be reported to the ICE - see http://www.ice.gov/document-benefit-fraud/

If he indeed committed fraud, he's deportable - and if he runs for India, he can be extradited from India to the US to face the charges.

Immigration fraud is a serious crime. He won't get away that easy.

[dhira_98]

I agree with you that ICE is very strict about fraud. On the other hand How many people are here in USA illegally, Is ICE doing anything? Since he is married to US citizen and "if he has Good Relation with new wife", most probably he won't be deported. If he married the new wife only for immigration benefits and they don't live together then it is a different story.

[mickey_mouse]

I agree with you that ICE is very strict about fraud. On the other hand How many people are here in USA illegally, Is ICE doing anything? Since he is married to US citizen and "if he has Good Relation with new wife", most probably he won't be deported. If he married the new wife only for immigration benefits and they don't live together then it is a different story.

"most probably he won't be deported" - that statement is based on . . . what ?

Let's go back a step. If you're in the US illegally, then you're deportable. Unless, of course you fall into the category of "Deferred Action Process for Young People Who Are Low Enforcement Priorities"

In this specific case, the beneficiary of an immigrant petition through marriage clearly committed fraud by submitting false documents - he's guilty of bigamy, ie, being married to more than one person at the same time.

So what does "living together" has to do with anything ?

[nshah0507]

"most probably he won't be deported" - that statement is based on . . . what ?

Let's go back a step. If you're in the US illegally, then you're deportable. Unless, of course you fall into the category of "Deferred Action Process for Young People Who Are Low Enforcement Priorities"

In this specific case, the beneficiary of an immigrant petition through marriage clearly committed fraud by submitting false documents - he's guilty of bigamy, ie, being married to more than one person at the same time.

So what does "living together" has to do with anything ?

thanks for your support. but what action can be taken by the Immigration, if i complained against him? i am in India and he is there in USA, so if i complain for him from India can any action will be taken?

[dhira_98]

How long this person has been living in USA? Did he get married in INDIA or in USA (2nd Time).

[nshah0507]

How long this person has been living in USA? Did he get married in INDIA or in USA (2nd Time).

the person is living in USA from 2004. but He got married to her 2nd time in USA. he got married to her in Sept 2010. He got his Greencard after marrying her in Jan 2011. so before there he was on over-stay status in USA.

[dhira_98]

So this is classical Indian Story, A guys comes to USA on non immigrant visa, overstays his visa then meets an american woman. Divorces indian wife and marries the American girl to get permanent status.

Here are the facts that favor him:
1. He has not been living with his indian wife in the last 8 years.
2. His relatives in India filed for his divorce and sent him divorce documents (Real or Forged).
3. He did not physically participate in the procuring the divorce decree if you think it is forged.
4. Is he having good and faithful relation with 2nd wife.

Here are the facts that go against him:
1. Is he still having relation with Indian wife.
2. Does he provide support to his Indian wife.
3. Does Indian wife has material evidence (emails, phone call record, money transfer receipts, etc) that he has been supporting her after his second marriage.
4. Is he not faithful to 2nd wife.

nshah, These facts will affect the permanent green card process. You are the only person on this board who truthfully knows about this case. I suggest you to make a decision by keeping these facts in mind. I also suggest you to consult a lawyer.

His previous overstay status will not make affect anything as he is no longer an illegal or immigrant visa seeker.

[nshah0507]

So this is classical Indian Story, A guys comes to USA on non immigrant visa, overstays his visa then meets an american woman. Divorces indian wife and marries the American girl to get permanent status.

Here are the facts that favor him:
1. He has not been living with his indian wife in the last 8 years.
2. His relatives in India filed for his divorce and sent him divorce documents (Real or Forged).
3. He did not physically participate in the procuring the divorce decree if you think it is forged.
4. Is he having good and faithful relation with 2nd wife.

Here are the facts that go against him:
1. Is he still having relation with Indian wife.
2. Does he provide support to his Indian wife.
3. Does Indian wife has material evidence (emails, phone call record, money transfer receipts, etc) that he has been supporting her after his second marriage.
4. Is he not faithful to 2nd wife.

nshah, These facts will affect the permanent green card process. You are the only person on this board who truthfully knows about this case. I suggest you to make a decision by keeping these facts in mind. I also suggest you to consult a lawyer.

His previous overstay status will not make affect anything as he is no longer an illegal or immigrant visa seeker.

Actually he is still having good relation with his indian wife.He came to meet her twice within last 2 years. only for 3 years he didn't meet her, but was talking to her on phone, which was between 2008 to 2011 during this time, he had applied for forge divorce with Indian wife and got married to American lady. but legally he is having 2 wives right now. he came to indian in last April 2012, and stayed with her nicely, fulfill all her requirements. Also the divorce papers he presented in USA embassy, in India he didn't file any divorce paper for his Indian wife. neither his family nor his Indian wife's family were aware about his divorce from his Indian wife. So truelly he had done fraud with Indian wife as per Indian laws. and till today he has contact with his Indian wife. He doesn't want to leave her at all. just keep saying her that he wants to stay with that american wife till his Greendcard get renewed. then he will leave her and will come back to Indian wife.

So in this case, to stop him doing this, what can we do? his Indian wife is in India and still wants him back in her life.

[nshah0507]

"most probably he won't be deported" - that statement is based on . . . what ?

Let's go back a step. If you're in the US illegally, then you're deportable. Unless, of course you fall into the category of "Deferred Action Process for Young People Who Are Low Enforcement Priorities"

In this specific case, the beneficiary of an immigrant petition through marriage clearly committed fraud by submitting false documents - he's guilty of bigamy, ie, being married to more than one person at the same time.

So what does "living together" has to do with anything ?

Mickey_mouse,

can you please help me out to workout this matter and get my husband back to me from USA to India - legally or illegally.