Can I get a green card if I'm caught in a fixed marriage?

I have often said on my television show, Citizen Pinoy, as well as in my newspaper columns, that if you don’t love (and live with) your American partner, don’t marry him or her. In other words, don’t get into a “fixed marriage.”

Some people believe that they are FAMAS-awardee actors. They get into a fixed marriage, and think they will be able to fool the USCIS, at their marital interview, into believing that theirs is a “love” marriage (even though it is fixed, and the couple never lived together). But at the interview, the couple could be separated and individually questioned about the minute details of their lives and living arrangements. If they haven’t lived together, the answers won’t match, and then the trouble really begins. Sometimes the American spouse will even sign a “confession,” admitting that the marriage was fixed, withdraw the petition, resulting in a denial of the case, based on fixed marriage.

A fix marriage finding also results in a lifetime ban for the alien! That means that even if the alien divorces the American, and marries another American for love, lives with that second American for many years, has several children with that second American, the second American’s petition cannot be approved, because of the lifetime ban based on the first “fixed” marriage. Or, the person was caught in a fixed marriage, and his or her US citizen child later turns 21, and tries to petition him or her. Again, the child’s petition will be denied because of the parent’s lifetime ban for fixed marriages.

It could also happen that a couple is truly in love, but they may not have brought all the documents necessary to prove that their marriage is real. Or, one of the spouses was tired, confused, or misunderstood a question. Even though they are truly in love, their answers don’t match. Or, the couple may have gotten into a fight the morning of the interview over some trivial matter, and the American gave the wrong answers or said to the officer that the marriage was fixed out of spite. (The American later regrets his actions, but it is too late.) As a result, the case is denied, the person is charged with having entered into a fixed marriage, and is therefore subject to the lifetime ban.

There is, however, a rare exception to the lifetime ban for fixed marriages. If a second spousal petition is filed by the same American spouse on behalf of the same original beneficiary, the couple may be able to overcome the fixed marriage finding. (This exception applies only to the same couple, and would not apply to a petition filed by a different or second American spouse or by the person’s American child).

So, if you are married to a US citizen for love, and the case was denied because the USCIS thought it was a fixed marriage, but you both are still truly in love with each other, you should seek the advice of an attorney, who can evaluate your situation and assist in your filing a second petition and properly documenting and explaining the case, to establish, to the satisfaction of the USCIS, that yours was truly a love marriage.

However, if it was not a love marriage, but you are still hoping to win a FAMAS award with a second “fixed” performance, I wouldn’t waste your time or money. In order to overcome a fixed marriage finding, the original marriage must have been for real, and properly documented.

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