Legal Question in Immigration Law in Florida

marrying an 80 year old man for green card
What happens when a 32 year old women applies to INS, stating she married an 80 year old U.S. man? From this marriage she wants legal status (presently in the U.S. illegally due to over staying Visa by 4 years)and a green card? Will INS give her a hard time, she has known the man for one month as his cook.

Asked on 7/22/03, 4:43 pm

2 Answers from Attorneys

Fariba Faiz Law Offices of Fariba Faiz

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Re: marrying an 80 year old man for green card

If, the marriage is entered into merely for the purpose of getting a green card then, it may be viewed as fraud on her part. If he is aware of this and assists her, then he may also be charged with fraud and his punishment would be more serious as the petitioner. Assuming she is eligible to file her papers and in any event, at the interview, the INS officer will most likely consider the facts and circumstances surrounding the marriage. Age, race, and similar issues will be considered in making a determination as to whether the marriage is bona fide and merits a green card.

Answered on 7/22/03, 6:08 pm

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Myron Morales Lee Lane Smith LLP

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Re: marrying an 80 year old man for green card

If the marriage is valid, then the INS will not have grounds to deny the petition. If the marriage is fraudulent, then they will make an investigation and deny the petition due to a "sham marriage." A sham marriage could also result in criminal charges.

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Answered on 7/22/03, 9:30 pm

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