Immigration Visas & Marriage Fraud

"Green card" marriage, also known as marriage fraud, is often the subject of jokes in popular movies and television shows. Unfortunately marriage fraud really does occur and it can have serious legal consequences for both the individuals involved and their families. Marriage fraud can be defined as the violation of law that occurs when a United States citizen weds a non-citizen for the purpose of obtaining permanent resident status in the U.S.

When a couple files an immigration application, they are granted an interview with an immigration officer. The purpose of this interview is to confirm that all of the information on the couple's application. During this interview, the couple will be asked questions about their relationship and its development, such as "When and where did you meet?" and "How long was it before you decided to get married?" Additionally, the officer will ask questions of each member of the couple individually, such as "What hours does your spouse work?" and "What gifts did you purchase for your spouse this holiday season?" It is recommended that the couple discuss and review some of the major events in their lives such as their first meeting, engagement, wedding and various birthdays/anniversaries before the interview. This information doesn't need to be memorized, however, some couples find it helpful to get on the same page before the interview starts in order to prevent unfortunate slip-ups.

If an immigration application is proven to be false, legally known as fraudulent, the filing couple can face serious consequences. The most immediate consequence is that the individual seeking U.S. citizenship cannot be a beneficiary of any other immigration (family or employment) petition. They may also be deported. The American citizen can face up to five (5) years imprisonment and/or fined up to $250,000 on a charge of criminal conspiracy.

Immigration is a long and complex legal process. If you are or a loved one is considering filing for an immigration visa, you may find that hiring a lawyer with previous immigration experience is helpful. Your lawyer will guide you through the necessary paperwork and help you get answers if you get caught up in red tape.

Judge Rules Fiancee Dumped via Text Keeps Her Ring!

Last week a New York Supreme Court judge made a controversial ruling in a matrimonial case in which an upstate man decided to call off his wedding with his fiancée by text message. The judge ruled that the woman would get to keep her 2.97 carat diamond engagement ring, valued at over $50,000, despite New York's established legal precedent that grooms have a right to the ring back if the wedding does not place, regardless of which party got cold feet (you can find more information about that in my Love and Warfare blogpost found here.

In this particular case, the groom texted the bride to call off the wedding. When the bride protested about the method of the breakup, the groom replied by saying "Plus you get a $50,000 parting ring. Enough for a down payment on a house." This statement came back to haunt the groom when the Judge ruled that his statement counted as a formal acknowledgement that the ring was a parting gift intended for the bride to keep.

Stories like this drive home the potential dangers of technology when dealing with legal matters. You should keep in mind that things that you say in text messages, Facebook updates, tweets and an array of other forms of instant communication can and potentially will be used against you in Court. You can read the letter I give to clients about smart social media usage here and find more information on how social media can affect your divorce here.

How to Handle Post-Divorce Legal Issues

Even after the divorce decree is finalized, some families have disputes over its execution that need to be settled in Court. As an attorney who has spent many years practicing Family Law, I must stress the importance of consulting an attorney, even post-divorce, if legal conflicts within the family arise.

Another important thing to do when legal conflicts arise is to take your divorce decree outside of its safe place and carefully read it over. Any legal argument you will use in Court will start from there. The New York Supreme Court recently ruled in a case that exemplies this. In this particular case, a father was financially supporting his child by providing for her apartment. The father fell behind on his child support payments. When he was taken to Court for his delinquency, he argued that the financial support he provided outside of his set amount of child support should satisfy his obligations. The Court ruled that his financial support of the apartment was a voluntary payment that the Father had chosen to make and therefore could not be used to satisfy the child support obligation that both parties had agreed to in their divorce decree. The primary reason the Court ruled this way can be found inside the parties divorce stipulation. The stipulation included a "Voluntary Payments" clause that stated that any outside payments made to either party could not be used to satisfy the amount of child support they had agreed on.

Cases like these often generate unnecessary legal fees and hostility for all parties. Furthermore, they can be easily avoided by consulting a Family Law attorney any time you have a question about the specifics of your divorce decree. In this particular case, the "Voluntary Payments" clause prevented the father from applying any outside financial support to his child support payments, but he might not have been aware of the legal implications of such a clause. You should expect your attorney to provided a detailed review and explaination of your entire divorce stipulation. Additionally, I strongly advise all of my clients to keep records and hard copy receipts of each and every payment made to the other party. It is always helpful to have an organized and detailed paper trail in case a legal dispute arises.

Pre-Nuptial Agreements are Important!

In the past, a "pre-nuptial" was considered to be sensitive conversation topic with a decidedly negative association. Celebrities or those born into fortunes were the only people who signed pre-nupital agreements. Today, pre-nuptial agreements are now considered truly smart financial planning for the future. With couples now facing a 50% divorce rate and increasingly complex financial dynamics, it is incredibly important to draw up a pre-nupital that will protect the future of both you and your soon to be spouse.

Pre-nuptial Agreements are legal agreements drawn up before a couple is legally married that outlines how the couple's finances will be handled in the event of a divorce. Pre-nupital agreements are useful because they capitalize on the good will a couple has in plenty while in their honeymoon stage. This is the ideal time for the couple to work together as partners and come to a financially sound and fair agreement for both parties. If the relationship does come to an end, not only will the couple experience reduced stress since there is no need to work out the financials, but both partners will be protected.

As an attorney, I recommend pre-nuptial agreements for all my clients, but pre-nuptials are especially important for couples who are planning on bringing assets into the marriage. Some clients mistakenly believe that only those with large or significant assets need a pre-nuptial agreement, but this is a common misconception. Pre-nuptials are a great way to protect your hard-earned assets if a "worst-case" scenario arises, so why not make sure your future is safeguarded? Pre-nuptial agreements are also important for those who have children from a prior relationship, those who will be receiving an inheritance, and those who are financially supporting their partner through university or professional school. Basically - if there are factors that could financially complicate your marriage, it is better to work them out and set them onto a legal document now.

Another great thing about pre-nuptial agreements is that they are easy to draw up. Those looking into pre-nupital agreements simply need to contact a lawyer who is well-versed in the family law of your state to discuss your options and what you kind of stipulations you personally would like in your pre-nuptial. You are able to customize your pre-nupital agreement to include stipulations about your pets, living situation, and even infidelity. A lawyer should be able to write the specifications you desire into your agreement and answer any questions you and your partner may have.

 If you have any further questions or concerns, feel free to reach me at my office.

- Kevin P. McKernan

Love and Warfare: Who Keeps the Engagement Ring in the Event of a Breakup?

They say love is eternal, but sometimes it just doesn't last. Each year, thousands of engaged couples across the United States decide to end their engagement. After the confusion and chaos of the breakup subsides, the question often becomes "What happens to the engagement ring?". An engagement ring is often representative of many weeks of the future groom's income and therefore a valuable and sought after item by both parties. Lucky, the courts in both New York and New Jersey have made it clear what the law dictates in this difficult situation.

Photo credit to GossipCop.com