... in response to Re: Re: Re: What Should Be Done If.....w..., posted by Chris F on Nov 18, 2001There are really 2 different sets of circumstances here.The one this post started out on was a fiance visa.The other would be a spousal visa,where the woman has more alternatives.
In the case of a fiance visa that did not result in a marriage,I don't believe there is any way she could legally stay in the country and should be deported.However INS doesn't seem to be looking for these people and she could stay for years as do other illegal aliens,and you did have to sign an affidavid of support to get her in the country,so you could be reponsible to re-imburse any public assistance she got.It would seem to me if they came after you for the money you would know where she is and could get her deported,but the INS is probably way slower than some public agency handing out money,so she might draw welfare for years before they come after you,then could move on and draw it from somewhere else,and they could come after you for that.She is,however,illegal and could be deported immediately.
In a spousal visa,she gets a visa and green card good for 2 years.In the last 90 days of that 2 year period you,or she,has to apply to make her permanent.If you apply she gets a one year extension on her stay while the application is being reviewed.In the case of a marriage still together,you file a I-752 form with the INS,signed by you and her.If you are seperated or you do not want her to stay she can file the form herself.She could be approved without your signature if you have died,she can show abuse,or can show entering in to the marrige in good faith.I think in the abuse argument she has to have evidence,like a police report(not so hard for her to arrainge,hit herself in the face and call the cops,you are not only screwed but in jail).They will not just take her word for it.A much bigger loophole is the "in good faith"argument.This might put the need on you to show that it was not good faith,that there had been some type of fraudulent intent.There are lawyers who will represent her in this and if you don't have good evidence you could well lose.This is all decided at a INS hearing I believe.If she gets to stay you are on the hook to reimburse any public support for 10 years or 10 years after she gets job,which could be forever perhaps.
Of course the other issue is divorce proceedings and her ability to get alimony or child supportt.A pre nuptual agreement may or may not limit this.Its a state by state issue.She would be in a much better position if she won the INS hearing and got to stay.Bottom line you could be screwed almost as bad as if you married an AW.You would be better off in that she might be deported,worse off that you did an affidavid of support.
I think you would be much safer in the case of a fiance visa.You can find alot of imformation on the INS web site.
If in doubt about the person be carefull.Make that unless totally without doubts be very carefull what you do.Many times if the lady is not a scammer and the marrige does not work she will just want to return home right away anyway.
Guys looking at Russian women need to be 10 times as carefull,they are at least 10 times more likely to be a problem.(just my numbers guess from my observation)
Pete
