Legal Question in Immigration Law in New York

What happens when a married couple break up and one of the spouce starts dating someone else for over a year but he's still married the spouce is aware of the relationship that's going on but is still married because he gave her the green card is that fraud ?...and what if they got back together but you have proof they weren't together for over a year ?

Asked on 9/06/12, 7:45 pm

2 Answer from Attorneys

Philip Katz Fink & Katz, PLLC

It's only immigration fraud if the marriage was entered into with the sole purpose of securing immigration benefits for the wife. It could also be immigration fraud if the parties go to interviews or submit forms that would give the impression that they are currently living together and/or happily married when they're not. In any event, if the parties to this marriage have any concerns about the legality of their situation, they should consult with an immigration attorney such as me to review the facts and make certain that they are not violating the law and/or not jeapordiing her immigration status.

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Answered on 9/08/12, 5:22 am

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