Legal Question in Immigration Law in California

Re: Is it a marriage in INS terms?

Interesting, very interesting. Does he know that you are marrying him for his money and not for love? Is he okay with that? If some sexual stimulant can revive his labido such as Viagra, would you be willing have a sexual relationship with the man?

Re: Is it a marriage in INS terms?

It would depend on the definition of a valid marriage in your state. Some states require conssumation of the marriage in order for it to be valid. If your marraige is not valid under state law, then you probably cannot prove a valid marriage for immigration purposes.

Please let me know if you have any additional questions.

Sincerely,

Myron R. Morales

Law Offices of Myron R. Morales

[email protected]

Re: Is it a marriage in INS terms?

first of all, i must commend you for your honesty in your question. if you email me back with the specifics of the mutual agreement you have with this person regarding "the terms of your marriage", i may be able to further assist you legally with the INS and what you two are trying to accomplish. talk soon.

Re: Is it a marriage in INS terms?

Thanks for your posting.

As you know, a marriage solely for the purpose of obtaining permanent residency or citizenship is presumed fraudulent, and can cause you to be deported.

Issues involving marriage revolve around the "marriage fraud factors" passed by Congress in 1986 to discourage "sham" or marriages of convenience to get around the immigration laws and illegally obtain federal immigration benefits.

A list of factors that contribute to a determination by an examiner for the Immigration and Naturalization Service (INS) that the parties got married to get around the immigration laws follows:

* Rapid sequence of events (marriage, divorce, claimed death prior to filing petition ? adverse action by INS).

* Age difference -- 10 years or more.

* Prior marriages by petitioner to aliens or by aliens to U.S. citizens or lawful permanent resident aliens.

* Marriage outside ethnic or religious group.

* Marriage to "entry without inspection" alien not of the Western Hemisphere.

* Witnesses to marriage are same nationality as beneficiary.

* Beneficiary and petitioner claim separate address; beneficiary departed U.S. after marriage.

* Confidential marriage. This is a special proce-dure in California where the parties can request that their marriage not be recorded in the public record.

* Beneficiary has minor children residing abroad.

* Inconsistent or nonexistent petitioner identification.

* Excessive documentation in support of the application (e.g., Forms I-864, Affidavits of Support, submitted by relatives other than spouse).

In your posting, you described an age difference that is one of the factors used by INS examiners, above. Although it is not the only factor, you should be very careful before presenting documents justifying a marriage that may not be for legal purposes.

I hope this information helps, but if you have other questions, want more information, or feel that you need an attorney, please feel free to email me directly at [email protected]. I'm happy to help in any way that I can.