If my friend married her vboyfriend who overstayed his visa in orderto stop him getting deported, will she get in trouble ?

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If my friend married her vboyfriend who overstayed his visa in orderto stop him getting deported, will she get in trouble ?

My friend has dated a guy for 10 months whose visa has been expired at least 6-7 months. He got caught and sent to immigration jail. They managed to post bail and get married. Now have a interview in a few weeks. I know for a fact that she wouldn’t have married him if he could stay here by another means. However, the fact they care for each other enough. I know immigration officers are going to be very suspicious; for one there’s a big age gap (20 years) and then there’s religion, etc and that he’s a Muslim. 

Asked on September 12, 2011 under Immigration Law, New Jersey

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The facts you have presented here make me worried for your friend.  Especially the line that states "I know for a fact that she wouldn't have married him if he could stay here by another means."  The fact is that couples that marry with one of the parties in the position as her husband will come under great scrutiny by immigration officials.  The agents that investigate and interview are looking to rule out "sham" marriages and there are sever penalties for your friend if the investigation goes south and the department if immigration rules not in their favor.  I would STRONGLY suggest that they seek consultation from an attorney in this field as soon as they can.  Good luck to them. 


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