Legal Question in Immigration Law in California
marriage of convenience
Out of total 6yrs on H1B, I have 3 yrs left. My employer has agreed to sponsor me and my green card process will start soon. However I worry that I dont have enuf time now since only two and a half years are left on H1B. I have come across this marriage of convenience topic a lot on the internet.. I am confused as to whether this is legal or not. Now there are websites like migratemate.com who essentially get people together for MOC. Can they do this if its illegal. I'm just trying to find safer and better ways of getting GC other than thru employment. Please advise.
2 Answers from Attorneys
Re: marriage of convenience
Thank you for your inquiry. A marriage of convenience is illegal and considered fraud by the USCIS.
However, based upon your inquiry, it appears that your employer is willing to sponsor you for a green card. As long as your labor certification has been pending for one year or longer at the time your 6th year on the H-1B expires, you will be allowed to extend your H-1B by one year at a time until your labor certification/green card application is adjudicated.
We routinely handle these types of applications as well as spousal immigrant petitions. If you have further questions please feel free to call me directly at 619.233.0900.
Sincerely,
Re: marriage of convenience
it i so illegal. If you are found out, you will be removed from the country never to return again. I would say go ahead and start the case via your employer. New regs are due to come out in the next few months that will speed up the process and you should be able to upgrade your case to the new faster processing. i would get a case in the pipeline now, though. Call me if you want me to handle your case. I do these a lot.
Gabriel D. Jack
Attorney at Law
408.293.2026
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