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This is bad, but what exactly could happen?
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Murph



Joined: 31 Dec 2006

PostPosted: Mon Jan 31, 2011 9:36 pm    Post subject: This is bad, but what exactly could happen? Reply with quote

I'll give it to you in a nutshell. My gf's brother (Korean) made friends with an American in Korea. The American is encouraging him to move to American with him (they've known each other a couple of weeks) promising to take care of him. The American fellow has also promised to arrange a marriage for him (for immigration purposes) with a divorced woman who has children. Apprently this woman has agreed to do this, and doesn't want anything in return.

So, before I go any further I'll say that this plan is obviously crazy, and it's got bad idea written all over it. I can see about ten red flags in the above paragraph, and my gf does too, but her brother wants to leave to badly that his judgement is clouded.

I told my gf that no matter what this will not end well. My gf thinks that she would have a better chance of talking him out of this if she had more specific information on how this will go wrong, and what will happen when this goes wrong. Since I am not American and I don't really know how it works there I was wondering if any of you would be able to chim on with some info, or even second hand stories. For example, could he see jail time out of this? Huge fine? Could that American woman divorce him and require him to make support payments? What are some ways that he could be caught by the authorities? This information would help a lot because he thinks he has his bases covered, and if my gf has specific counter arguments he might start to think more. Perhaps I have seen too many episodes of Banged up Abroad, but beyond the legal troubles he could get into, I am thinking that his "friend" and that woman might even be plotting a scam against him, or she just might be crazy herself, or she might have a psycho ex husband etc...

So if you would be so kind to chim in, and you have some helpful information I would appreciate it if you would leave a post. It just might help to stop this guy from making a very bad decision. Thank you and have a blessed day.
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redaxe



Joined: 01 Dec 2008

PostPosted: Mon Jan 31, 2011 10:11 pm    Post subject: Reply with quote

That's what we call "human trafficking." I'm guessing he will be forced into some sort of indentured servitude in America. It's basically a type of slavery.
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Artris



Joined: 09 Jun 2009

PostPosted: Mon Jan 31, 2011 10:25 pm    Post subject: Reply with quote

His friend is very unlikely to be involved in human trafficking. Anything is possible I suppose but I would be surprised if this where the case. Odds are his friend has good intentions.

That being said I don't think it is that easy to get citizenship. The woman and man will be questioned by immigration at the beginning and the end of the marriage. They will have to lie. Also what happens if the woman meets a man and wants a divorce prematurely? Or her new boyfriend turns in the Korean because he wants a divorce prematurely?

To top it off when the man gets divorced he may somehow be pulled into child support for two children he has had nothing to do with. That goes to the woman's intentions, not the American friends.

I don't know the specifics, I am not a lawyer, but the above two problems are ones I would research thoroughly if I intended to try something like this.
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jvalmer



Joined: 06 Jun 2003

PostPosted: Mon Jan 31, 2011 10:38 pm    Post subject: Reply with quote

So a guy wants a k-guy to go to America with him? So they are gay? How old is the American and the K-guy? He probably believes all the hype that it's easy making money in America.
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Radius



Joined: 20 Dec 2009

PostPosted: Tue Feb 01, 2011 12:17 am    Post subject: Reply with quote

This honestly is the most craziest thing I've ever read on Dave's. And that's saying A LOT! Shocked
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tatertot



Joined: 21 Oct 2008

PostPosted: Tue Feb 01, 2011 12:23 am    Post subject: Reply with quote

The penalty for a fraudulent marriage for immigration purposes is a fine of up to $250,000 and jail time for up to 10 years or so (I forget the exact amount of jail time). I got this information from form I129-F, which I recently sent to the DHS. You might want to give him that information. In order to get his Visa, he'd have to complete an interview at the US embassy, so there's basically no way that he could get away with it.
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littlelisa



Joined: 12 Jun 2007
Location: Seoul

PostPosted: Tue Feb 01, 2011 12:53 am    Post subject: Reply with quote

I know from a friend who recently had a marriage that they usually want proof of a relationship.. pictures, emails, etc. Especially if the guy had never been to the US and the woman never had been to Korea, and a few weeks after the guy goes to the states he wants to marry this woman, it will never go through.
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Died By Bear



Joined: 13 Jul 2010
Location: On the big lake they call Gitche Gumee

PostPosted: Tue Feb 01, 2011 3:50 am    Post subject: Reply with quote

Not to mention the interview that immigration puts you and your Korean spouse through. Detailed questions, all caught on film with a camera, then reviewed by a detective that knows what kinds of signs to look for - before getting your green card. Even permanent residence takes three to five years to get when you're married.
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Murph



Joined: 31 Dec 2006

PostPosted: Tue Feb 01, 2011 6:56 am    Post subject: Reply with quote

Thanks everyone. Some very good information here. Hopefully this will help him make a better decision
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pinishee



Joined: 02 Feb 2011

PostPosted: Thu Feb 03, 2011 11:03 am    Post subject: Reply with quote

wow. I'm stressed out from just reading this. Time for a chocopie.
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conrad2



Joined: 05 Nov 2009

PostPosted: Thu Feb 03, 2011 3:15 pm    Post subject: Reply with quote

A lot of homophobia in this thread. Just let the two guys go to America and be gay in peace.
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southernman



Joined: 15 Jan 2010
Location: On the mainland again

PostPosted: Sat Feb 05, 2011 11:41 pm    Post subject: Reply with quote

I knew a Indian Fijian who was working for my cousins in NZ he married a NZ girl for $5000 just to stay in the country and work. The guy is a very good diver/fisherman who my cousin had met in Fiji.

He's still there,, they lived the required time together no problems. He was making good money though and still is...

For someone to offer this after only 2 weeks of knowing someone is obviously dodgy.... either sexually or otherwise. If your gf's brother doesn't realise that then he's a naive fool.

It does sound a bit like a form of human trafficking in this case. The American has to be playing some form of game
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jdsolo



Joined: 25 Jan 2011
Location: Hell

PostPosted: Sun Feb 06, 2011 2:04 am    Post subject: Reply with quote

It may have worked easily in the 70s and 80s but it's pretty difficult now. US Immigration has gotten much smarter. They will scrutinize everything about the relationship. You'll need to be living together (and prove it) for at least 2 or 3 years, etc etc.. There are a lot of stipulations.

For a very simple example, watch the movie "The Proposal" with Sandra Bullock and Ryan Reynolds.
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jrwhite82



Joined: 22 May 2010

PostPosted: Sun Feb 06, 2011 2:37 am    Post subject: Reply with quote

conrad2 wrote:
A lot of homophobia in this thread. Just let the two guys go to America and be gay in peace.


Which we be totally ok if they weren't trying to fraudulently obtain a marriage visa. Risking a huge fine, deportation and prison time. Yes, it sucks that a gay partner/spouse can not obtain a marriage visa for their partner/spouse. But risking all of that is something they need to consider before going down this path.

He should get a work visa or a student visa instead.
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caniff



Joined: 03 Feb 2004
Location: All over the map

PostPosted: Sun Feb 06, 2011 2:53 am    Post subject: Reply with quote

conrad2 wrote:
A lot of homophobia in this thread. Just let the two guys go to America and be gay in peace.


Really. Some people can't stand to see other people happy.
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