STOP MARRIAGE FRAUD - CHANGE VAWA

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Marriage Fraud is a crime very difficult to prove in the court of law.

An immigrant (beneficiary) can manipulate and deceive a US citizen (petitioner) into marriage.  The US citizen has no recourse unless he/she has strong evidence. However, how do you prove someone married you for a benefit? The beneficiaries are allowed to enter the country solely on the premise that they have or will marry a US citizen.  If marriage fraud is committed, the truth is likely discovered after they have arrived and been married.  The Federal Government must do more to send the beneficiaries back home and have the marriage annulled if the US citizen claims fraud. 

 

In some cases, the petitioner may realize the marriage fraud has taken place before the beneficiary has received his/her citizenship documents.  In this case, beneficiaries can resort to the next best option which is to claim the US citizen is an abuser. That is when the Violence Against Women Act (VAWA) comes into action.  A female (or male) immigrant can easily make an allegation (true or false) of abuse to the police.  With this allegation and through the VAWA she (or he) can become a citizen of this country.  That is not justice. That is not fair. That is not American. That is abuse.   This person is now able to receive the benefits of a US citizen due to her/his manipulation of the system and may very well destroy the life of the US citizen in the process.

Love makes us blind, but the United States law should protect its citizens especially since the government is aware of this.  US citizens in this situation do not have any options.  The government does not help. The advice of most lawyer is to simply “get a divorce and move on with your life.”  How is that the best option for a US citizen in his/her own country?  The beneficiary has multiple services to assist with them achieving his/her ultimate goal: becoming a US citizen.  How is that possible?

I suggest the following:

·         The US government should accept that US citizens who marry people from another country are doing so in good faith.  If the US citizen claims marriage fraud, within a “reasonable” amount of time, and would like to dissolve the marriage, an annulment should be granted and the spouse should be sent back to his/her home country.

·         All applicants, who came here through marriage, and are seeking citizenship through VAWA should be sent back to their home country until the application is approved and brought back into the country on another visa

·         The petitioner should have no financial responsibilities tied to the beneficiary once the VAWA application has been submitted.

·         Divorce is likely in these situations.  No financial gain, including child support, should be awarded to the beneficiary.  (Imagine someone coming from another country, committing marriage fraud, then making false allegations of abuse, winning citizenship, and then winning money from the court system).  That should never be viewed as an option.

·         VAWA applicants should not be required to receive ANY type of financial support from the US citizen.

·         In cases where the beneficiary entered the country on a marriage visa, the petitioner should be interviewed to confirm/deny the allegations which have been made.  The petitioner should have an opportunity to prove the validity of the beneficiary’s story.

- No work permit should be given to those who apply through VAWA until the case has been approved

- If fraudulent accusations are found to be made in the VAWA application, it should result in immediate deportation. No appeals.

 - If fraudulent claims are proven, and a common child exists, the custody of the child should be given to the US citizen

US law should protect US citizens; not hurt them.



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