06-16-2004, 06:24 AM
The Green Card Marriage
No matter how much we try to have an ideal view of Muslims and their behavior, the fact of the matter is, there are men out there who deliberately seek out American converts to Islam in order to enjoy the benefits of your birthright--- citizenship. (I do not know if this situation is the same in Canada or other Western countries). The Green Card Marriage is a very real thing, and a very real threat to the woman. Most born citizens are very, very unaware of immigration laws and visas, and are often easily duped into fraudulent marriages. Know that I am not a lawyer, and am offering the following advice based on talking to other sisters, and researching immigration law myself. Immigration related links, especially those relating to marriage, are at the bottom of this section.
In past years, it was relatively "easy" for two people to get married for the sake of the Green Card. However, even before the post-September 11th laws restricting immigration, Congress had enacted more rigorous rules for those married to non-citizens. Green card marriages are no longer an easy thing to get away with, something to romanticize in Hollywood movies. Do not think that you can marry a man just to help him secure a green card and get away with it. Breaking the laws of the country you live in is a grave sin in Islam, as is fraud. Even if you do not have to answer to the INS and the Department of Justice for your fraud, you will have to answer to Allah subhannahu wa ta'ala. The INS and Department of Justice have clamped down on these sorts of fraudulent marriages, and the penalities for both spouses are severe. Conversely, if a man thinks that he can marry you just for a green card, without letting you know if this intention, he is seriously mistaken if he thinks that it will be easy.
The INS requires that marriages of a citizen (or permanent resident) to a non resident alien (those without green cards) last for a period of about five years. The non resident alien spouse (that's him) usually receives his working papers after 90 days (if he was here illegally), and a conditional green card within 18 mos to 2 years. The condition is that you must remain married for a period of 2 or 3 years AFTER he receives this green card. If you divorce or separate during this time, the INS is free to revoke his permanent residency and deport him.
During this five year period, you must demonstrate to the INS that you are maintaining a shared residence (you live together), joint bank accounts, and filing joint tax returns. If your spouse does not have legal working papers (ie, he is an illegal immigrant or his visa does not allow him to work), you must demonstrate that you are able to support him until he obtains legal work authorization. If the INS has doubts about the validity of your marriage, you can expect them to visit your home and your workplace, and to ask questions of your neighbors, family members, and co-workers. This means that unless your marriage is real, you either have to put up a really good front for five years or you have to involve quite a lot of people in your deception.
Finally, know this. Most men pay American women anywhere from $3,000 to $6,000 for a green card marriage. Considering the fact that you are now unable to marry anyone else for a period of five years (hope you don't meet Mr. Right), and that you must maintain an elaborate show for the INS in order to avoid severe penalties, this is a very, very puny compensation.
If the INS suspects fraudulent marriage, they may send both spouses (yes, that includes you) back to the foreign born spouse's country of origin during the investigation. If the ruling is that your marriage is fraudulent, the American spouse (born citizen or naturalized) is subject to heavy fines and imprisonment. That means being a convicted felon. The foreign born spouse is subject to fines, imprisonment, deportation, and refusal of entry into the US (even as a tourist) for periods of no less than ten years, or a lifetime. The marriage is also annulled. If you, as an American citizen or permanent resident, feel that he married you under fraudulent circumstances, you are allowed to report this to the INS with no penalty on yourself. As the petitioner, you have the right to refuse to petition for anyone else.