Does my American wife get in trouble if she asks a visa for me even we don't live together anymore?

Question

Long story short; I am a Spanish citizen that married a USA citizen in Spain. We lived together for 4 years but we split and now we've been three years living separately though we are still legally married. Can she get in any trouble if she helps me to get an immigrant visa? Is it mandatory to live together to apply for it?

Answer 1

yes, you have to be a viable couple, yes she could get in trouble if she lies to help you

Answer 2

you dont have a marriage so NO you dont qualify.

Answer 3

you say you are still legally married but it sounds to me like your "marriage" is just not legally terminated. marriage is the union of two people or elements to form one unit.

Answer 4

The adjudications inspector will look for evidence of a current marriage where both parties live together, not separately.  I'm not sure she'd get into trouble for trying unless she lies on the petition, but it's not going to work.

Please, for everyone, don't try it.  We already have enough trouble with immigration laws enforced because some people try and take advantage of things.  In this case, seeing how you all have split, it would appear you all would be going for a visa just to get you in here.  If you don't realize, it's stuff exactly like that that has made it very difficult for people that are actually married to fix their immigration situation.

Answer 5

She can get into a whale of a lot of trouble, like up to 10 years in prison + $250,000 fine.  The "marriage" is not valid since you live apart -- you're separated.  That constitutes marriage fraud if she helps you try to obtain any sort of immigration benefit, like applying for a visa for you.  You get deported and permanently barred from re-entry.

Answer 6

The marriage must be "viable." That is, the marriage must be alive. The intention behind the petition must be to reunite, not to get someone an immigrant visa just because they haven't divorced yet.

If you have no intention of living with your wife, that is not family reunification, and it would be fraud to pretend otherwise.

Answer 7

It would depend on whether the marriage is still intact. While it mayb be legally, emotionally, it doesn't sound like it. Talk to an immigration atty bc there aren't any details provided to be more certain one way or another.  

Answer 8

She can apply for, but I doubt that you will receive a visa.  The both of you would have to prove that you have a viable marriage - being apart for 3 years is not a marriage for the purpose of immigration.  If either of you lie, it is considered marriage fraud.  If you managed to get the visa, come to the United States, and even managed to get LPR status or even citizenship, it can be revoked, because it would have been obtained by fraud.  Also, she might be required to financially support you for many years.

Yes, we take fraud seriously.