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To be blunt, for the most part immigration law is a relatively low-rent end of the legal profession, unless you represent corporations looking for green cards for executives. Clients do not have a lot of money, and thus the typical fee per case is relatively small. At the end of the day, immigration lawyers usually are in this area of law either because they want to help people or because that is the job they can get (not because of a lack of ability, but often becasue they are 'ethnic' and so find it hard to join up-market corporate law-firms but can draw immigration clients from their communities.
A lot of what immigration lawyers do is deal with genuine marriages that the INS is suspicious of because of the high level of marriages of convenience. Most good immigration lawyers have a relationship with the local INS office, which trusts them to tell the truth, and that trust is a valuable asset both for the lawyer and that lawyer's clients.
What this means is that if the lawyer is remotely suspicious (and lawyers have good antenna, it's trained into them) they will not represent you -- the fee is too small to offset the downside. Of course this "fiancee" may already have a lawyer who knows what he plans to do -- a fact which should worry you a lot. Despite lawyer jokes, most good lawyers are scrupulously honest -- no lawyer I work with would advise a client to commit an offense, or sign papers containing false statements. This being the case, I would be very suspicious of a lawyer who knows this is a proposed sham and yet is willing to participate. And by the way, if he has been caught before, his name will raise 'red flags' at INS.
LW, since 9/11 the immigration process is much more stringent, INS is much more likely to enforce every rule and press charges, and punishment would be more severe. I have read stories about very decent people being severely punished for small immigration infractions. I would not do it unless you want to disappear into federal prison.
Even before 9/11, the validating process was very thorough. You go to multiple interviews where they ask you intimate questions--seperated to make sure you answer the same. Can you plan the answer to everything beforehand and remembder? These guys are trained to trip you up. Also, they do make surprise visits and specifically look for 2 bedrooms in use with man's clothes in one closet and a woman's clothes in the other. Also, they interview friends. You have to give them a number of references and they'll ask them questions to determine if you're intimate, how do you interact as a couple, how romantic are you, have they been to your home?
What are the divorce laws in your state? Is it a community property state? This guy may take you for half of what you own.
Go to your local Chamber of Commerce and ask them for reference to Business Assistance centers--there are several including SCORE (retired business leaders who'll mentor you), state Business Assistance centers, and federal businsess assistance offices. They'll be able to show you sources of funding and how to put together a business plan.
(Since when is advising against breaking federal law rude?)
Where is the vitriol you are complaining about? the letters preceeding yours were not any such thing.
Personally I feel no moral judement of the LW: I was just pointing out what is fact under our current situation. She is courting major, major legal problems, including problems with homeland security, and possibly is risking entangling herself indirectly in organized crime (that large amount of money makes me very suspicious). She is also jumping into a siuation that is far more difficult now than it was five years ago-- I know from direct experience. A friend of mine married a girl from Asia, and I was astonished to see what they were put through. The system is set up to make it very difficult for those who don't really love each other to maintain the facade.
People marry for money all the time. People do all kinds of things for money, some illegal, of which other people may disapprove, though I draw the line at immigration fraud because this is the sort of thing that makes life difficult for other people whose intentions are less mercenary (i.e., people who really love each other and don't have all that money to waste on lawyers), but that's just me. Fine. But let's not totally cornhole ourselves.
I am dead serious about my suggestion that she consider prostitution-- what she is already considering is just another form of it after all, and at least this way she will be able to avoid serious legal hassles and jailtime. Its also more honest.
My niece recently married a foreigner in this country. He did not get automatic citizenship. In fact he is having to jump through major hoops just to get permanent resident status. I think that all changed after 9/11. So I don't think it is even an option for the writer.
Sorry if that's offensive, but the last paragraph read really wierd. Of course a sham marriage doesn't become legally valid, just because you have sex once. The idea is so absurd, that I can't help speculating about the reason for it.
Is this about a person the LW knows already, and was it his idea that this would be "regretably necessary"? In this case there may be a different reason why her aquaintance has proposed this idea. There could be a lot of conflict once he realizes that her feelings towards him won't change after the marriage. Very risky.
Or is this something the LW is pursuing because she is afraid of a normal relationship? Maybe she likes the idea that in such a setup she would have all the power (in a way), and yet would be "forced" to consent to sex? Maybe this allows her to engange in sex without becoming emotionally vulnerable since it's just a "legal requirement". This could be risky, too - the relationship she would find herself in would likely not satisfy her needs and complicate her life for many years to come.
Again sorry for the speculation, but that last paragraph just didn't sound right, especially considering her mentioning the loss of two relationships both close to marriage. (Is that normal for someone who is not a huge advocate of marriage?)
Please LW - don't get burned on this.