Can a marriage fraud person in USA immigrate to Canada?

[William001]

March, 2008: Paulin moved to USA as a k-1 fiancé visa to marry Bryan

April, 2008: got married to Bryan

October, 2008: she got a lawful PR for 2 years

January, 2011: she got a lawful PR for 10 years (Green Card)

October, 2011: she took interview for citizenship. She passed the tests for English and U.S. history and government, but the agent said a decision could not be made yet about her application.

November, 2011: USCIS asked her to send some proof of marital union for the previous 3 years, which she did.

January, 2012: USCIS sent her a letter for a second interview and they asked to bring Bryan (spouse) with her, which she did.

During the interview, they interviewed her and her spouse (Bryan) separately. It took almost 5 hours total. They asked so many questions and some were hard to answer. They found out her and her spouse had a lot of answers that did not match. They forced Bryan to say what they wanted to hear. Bryan told the marriage was real but they didn't believe it. They threatened him and said they will prosecute him and his family. At the end, Bryan agreed to write a letter and sign that his marriage with Paulin was not real. Then they took that letter and showed her what her spouse (Bryan) wrote, so she had no idea about it. She had to write a letter and sign too, otherwise they would keep her or put in jail. Now they keep her Green Card (revoke) and let her fight to get it back. The hoping to get it back is zero.

March, 2013: I went to USA (California) to visit an uncle and to attend my old friend's wedding. At the wedding day, in the morning the bride (my old friend) asked me to pick up another friend at the airport who's coming from L.A and she sent Paulin with me to the airport. That's how I met her. On the way to the airport we talked and talked and talked..., I stayed in USA only one week.

We're still talking when I came back to Canada. After talking on the phone and Skype with her (Paulin). She told me the story that happened to her with some tears, I listened and felt so sorry about that. Then one month after, I flew to USA again to see (date) her.

April, 2013: I stayed in USA for 2 weeks. We went out together. We did so many things together. Finally, I want to marry her and sponsor her to live with me in Canada.

I have some questions, hope you guys could help me

1- Can she immigrate to Canada as my wife?

2- Will I get any trouble if I sponsor her?

3- My exwife sponsored me to Canada in 2006 (became PR). 2010 became Canadian citizen. 2011 divorced with my ex. Because of this can CIC fight with me and revoke my citizenship?

4- I'm planning to have kids, Can I pass my Canadian citizenship to them? CIC says: you can not come to Canada if you have a family member who is inadmissible to Canada, Due to this They won't give Canadian citizenship to my children?

5- I asked a lawyer and he said : "marriage fraud is a crime. Persons who did a crime can not come to Canada forever." But I read on CIC website and it says: "Do not get involved in a false marriage. CIC will refuse you visa and may ban you from travel to Canada for two years."

6- if she became inadmissible to Canada, could she apply for this "Rehabilitation for Persons who are inadmissible to Canada because of past criminal activity"?


I will appreciate your answers.

 

[Alurra71]

I don't have any answers to your questions William, but I do have a question of my own.

Why, why why would you date someone who knowingly committed marital fraud to gain status in the USA. What makes you think she is not trying to do the same to you so she can try to gain status in Canada instead of going back to where she came from?

And before you give a sad sob story about how it wasn't marital fraud and Bryan just didn't want to get in trouble, BULL$&*%! If he were truly married to this woman he would have fought tooth and nail and only gone out kicking and screaming and STILL denying a marriage of convenience. Her story is full of holes and if I were you, I would run for the hills as far and as fast away from that woman as my legs could carry me.

If you choose to ignore her past and attempt to sponsor her to Canada you are going to be in for a long long wild ride if you are able to get it pushed through at all, which I have doubts.

You won't loose your citizenship for attempting to sponsor her.

 

[keesio]

1- Can she immigrate to Canada as my wife?

2- Will I get any trouble if I sponsor her?

3- My exwife sponsored me to Canada in 2006 (became PR). 2010 became Canadian citizen. 2011 divorced with my ex. Because of this can CIC fight with me and revoke my citizenship?

4- I'm planning to have kids, Can I pass my Canadian citizenship to them? CIC says: you can not come to Canada if you have a family member who is inadmissible to Canada, Due to this They won't give Canadian citizenship to my children?

5- I asked a lawyer and he said : "marriage fraud is a crime. Persons who did a crime can not come to Canada forever." But I read on CIC website and it says: "Do not get involved in a false marriage. CIC will refuse you visa and may ban you from travel to Canada for two years."

6- if she became inadmissible to Canada, could she apply for this "Rehabilitation for Persons who are inadmissible to Canada because of past criminal activity"?


I will appreciate your answers.

Totally agree with Alurra. Something really smells here.

As for your questions, I will do my best:

1) You can sponsor her but she may not be eligible (see #5)
2) You won't get into any trouble if you are being honest and sponsoring her out of real love and not to just help her get a PR
3) No. I think there is some rule that someone who was just sponsored for PR under spousal sponsorship can't then sponsor someone else under spousal sponsorship for a certain period of time but I think that time is 5 years and you are past that already so you are fine there.
4) You can pass your citizenship to your kids if you have them. If they are born in Canada then there is not even any debate - they will be Canadian.
5) Immigration fraud is a crime. If she is convicted of it in the US, that may bar her from entering Canada and being sponsored. From your post, I can't tell if she was convicted of it or not. Looks like she may have avoided being prosecuted by signing the letter.
6) I suppose. I don't know too much about this

In any case, her application will have so many red flags that even if she can be sponsored and you decide to go ahead with it despite her story sounding very suspicious, CIC will look very suspiciously at it and the chance of denial is high.

 

[screech339]

One way to confirm whether your girlfriend will have trouble with Canada PR process is to have her order FBI clearance report. Since the marriage was declared fraud by US immigration, chances are that it will be reported in the FBI report. Once CIC sees that she has a record of marriage fraud, you can bet the farm that they will likely deny her the PR status. CIC will see the record as proof that she is marrying for convenience.

Screech339

 

[zardoz]

---8<--- snipped.

You won't loose your citizenship for attempting to sponsor her.

You may however lose any/all of the following:
a) Lots of money (repaying welfare)
b) Lots of money (marriage breakdown)
c) Opportunity to sponsor someone else in the near future.
d) Your self respect and dignity.

 

[Becki567]

I agree with everyone else above. Run away!

If her marriage was not a fraud, then would she still not be married to Bryan?

I don't care what anyone threatened me with I would NEVER sign a letter saying my marriage was fake. Ever!

 

[SchnookoLoly]

+1, run. This is weird. No one with a genuine marriage admits their marriage is a fake. Particularly when immigration status is involved. This is way too weird.

 

[keesio]

One way to confirm whether your girlfriend will have trouble with Canada PR process is to have her order FBI clearance report. Since the marriage was declared fraud by US immigration, chances are that it will be reported in the FBI report. Once CIC sees that she has a record of marriage fraud, you can bet the farm that they will likely deny her the PR status. CIC will see the record as proof that she is marrying for convenience.

Screech339

I think the OP's girlfriend (and ex-husband) got a plea bargain and avoided a conviction by signing the letter. So nothing may show up in the FBI report. Of course they have to disclose to CIC that she had status revoked in the US and that is a gigantic red flag that will cause all sorts of problems anyway

 

[Rob_TO]

January, 2012: USCIS sent her a letter for a second interview and they asked to bring Bryan (spouse) with her, which she did.

During the interview, they interviewed her and her spouse (Bryan) separately. It took almost 5 hours total. They asked so many questions and some were hard to answer. They found out her and her spouse had a lot of answers that did not match. They forced Bryan to say what they wanted to hear. Bryan told the marriage was real but they didn't believe it. They threatened him and said they will prosecute him and his family. At the end, Bryan agreed to write a letter and sign that his marriage with Paulin was not real. Then they took that letter and showed her what her spouse (Bryan) wrote, so she had no idea about it. She had to write a letter and sign too, otherwise they would keep her or put in jail. Now they keep her Green Card (revoke) and let her fight to get it back. The hoping to get it back is zero.

March, 2013: I went to USA (California) to visit an uncle and to attend my old friend's wedding. At the wedding day, in the morning the bride (my old friend) asked me to pick up another friend at the airport who's coming from L.A and she sent Paulin with me to the airport. That's how I met her. On the way to the airport we talked and talked and talked..., I stayed in USA only one week.

I have a few questions for OP to clarify:
- In your conversations with her, did she explain if the marriage really was a fake one for immigration, or was it a real marriage based on a loving relationship? And if real, why did they get divorced after this incident?
- The interview/accusation was in Jan 2012 and they revoked her green card. But as of now she is still living and residing in the USA? So what is her current status there?

 

[screech339]

I think the OP's girlfriend (and ex-husband) got a plea bargain and avoided a conviction by signing the letter. So nothing may show up in the FBI report. Of course they have to disclose to CIC that she had status revoked in the US and that is a gigantic red flag that will cause all sorts of problems anyway

While I agree that the plea bargain may have avoided the conviction, the revoking of the green card has got to show up on FBI record somewhere.

Screech339

 

[keesio]

- The interview/accusation was in Jan 2012 and they revoked her green card. But as of now she is still living and residing in the USA? So what is her current status there?

Sounds like they took her card and she is appealing the decision. They are probably letting her stay during the appeals process, despite it being extremely likely that she will not get it back.

 

[keesio]

While I agree that the plea bargain may have avoided the conviction, the revoking of the green card has got to show up on FBI record somewhere.

Screech339

The revoking of the green card can be done for a variety of reasons, including failing to meet residency obligations. That is not criminal. I assumed that just criminal offenses would show up in an FBU report.

 

[OhCanadiana]

The revoking of the green card can be done for a variety of reasons, including failing to meet residency obligations. That is not criminal. I assumed that just criminal offenses would show up in an FBU report.

I believe that's true. One thing that the OP should consider is that Canada does background checks beyond the FBI report (involving agencies from Interpol to CBSA, CSIS, and records shared with other agencies like those in the US).

It's very important that the OP be honest in describing the situation should s/he decide to proceed with marriage and sponsorship and be prepared for the long haul. If nothing else, this thread has shown the skepticism a visa officer will likely have about a situation with several unusual circumstances.

 

[keesio]

One suggestion to the OP:

-tell your girlfriend that you explored sponsorship and it won't work for now because of too many red flags. But that you still want to be with her and since neither Canada or the US is not an option, you are willing to move to her home country to be with her and start a life there. If she truly loves you (or calls your bluff), she will agree. If she just wants a PR card, and you sound convincing, she will decline. If she does agree, maybe you should move with her to her home country if your really love her and you believe she loves you. If you get married and live abroad for a few years together and then later apply again to sponsor your wife, you have a better chance since your relationship looks more legit. Because right now, it does not.

 

[Rob_TO]

Sounds like they took her card and she is appealing the decision. They are probably letting her stay during the appeals process, despite it being extremely likely that she will not get it back.

Is over 2 years for an appeals process typical in the US? And here i thought CIC appeals took a long time.