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Obtaining green card through marriage

Discussion in 'Green Card, Residency, Naturalization' started by Sydney Dozois, Sep 12, 2019.

  1. Sydney Dozois

    Sydney Dozois Law Topic Starter New Member

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    My question:
    Could a person face legal penalties against them if they continue to date someone that entered a green card marriage with someone else?

    This is totally hypothetical. I am a prospective law student and am interested in immigration and this is a (dumb) question that I have.

    Thank you!
    Last edited: Sep 12, 2019
  2. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    Nope. People date criminals all the time with no negative legal outcome for themselves.

    If she does anything further to help the guy in the commission of his criminal acts that changes things.
  3. Red Kayak

    Red Kayak Active Member

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    Adultery is rarely prosecuted in the United States in this century. So, the person dating the married green card holder has little fear of that.

    The person in the green card marriage with a piece on the side has not necessarily committed immigration fraud by keeping the piece on the side. Whether or not immigration fraud has been committed would be based on whether the marriage is a genuine marriage.
  4. army judge

    army judge Super Moderator

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    If the marriage is (was) adjudicated to be a SHAM, it wouldn't be a lawful marriage.

    Even IF the marriage had no HINT of illegality, what possible criminal penalties do YOU suspect the state or federal governments could lodge upon the parties for simply "dating"?

    Dating is defined as to be romantically involved with someone.
    An example of dating is two people seeing each other exclusively for six months.

    The definition of dating is marking, assigning or recording with a date, or showing that something is typical for a certain time period.
    An example of dating is marking bread loaves with the date they were baked.
    An example of dating is an antique dealer deciding when a piece of furniture was made.

    Is adultery, not dating, a crime in any US state?

    U.S.A. Laws on Infidelity and Adultery - The Infidelity Recovery Institute

    Adultery has been criminalized in CO, but is rarely prosecuted.

    18-6-501 – Adultery. “Any sexual intercourse by a married person other than with that person’s spouse is adultery, which is prohibited.”

    Cheating On A Spouse Still Illegal In Colorado, But Repeal Bill Passes House Committee | HuffPost

    How Does Adultery Affect Divorce in Colorado?
  5. zddoodah

    zddoodah Well-Known Member

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    There are no laws in any state or on the federal level that govern who may "date" whom.

    Nor is "dating" someone the same thing as adultery (moreover, Colorado repealed its criminal adultery law several years ago).

    However, if a person "entered into a green card marriage" in order to gain legal status in the U.S. and that marriage was a sham designed solely to circumvent U.S. immigration laws, then that person has committed a crime (and his/her sham spouse may also have committed a crime), and a person who harbors or provides aid to such a person could be guilty of a crime.
    Red Kayak likes this.

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