Does a fake marriage show up as a real marriage on your record?
I am filling out the fiance visa application for her entry to the U.S., do I put down that she is Single or Married? Does she need to divorce the guy even if the marriage is fake? Does the U.S. investigate her status and will they recognize the fake wedding as a real one? or will they just see that it was a fake wedding and consider her as being single all this time?
Answer:
If she went before a judge or other official to be married, she is legally married and has to get a divorce. It does not matter how she views this marriage, fake or real, if it is legal, it well be on record, period!
The U.S. might investigate her.
what do you mean by "fake"? if she legally married in any nation, she will need to get a divorce. if she lived in Japan more than six months, she will also be required to provide a criminal record check from there (and any nation she's lived more than six months) so she'd better not get caught, or they aren't likely to be happy to see other immigration violations. plus she'll be owing some money to japan, as will her accomplice, and he may be eligible for jail time, if the laws are similar to the U.S. If she gets a conviction, she will likely have to receive a special waiver from the secretary of state of the U.S. in order to immigrate.
Whether her visa to Japan is approved or not does not affect the status of her marriage to the Japanese man. If you put single on the papers and she is married, you will be guilty of fraud and eligible for hefty fines and jail time. You will not be able to file for a married woman, as you must marry within a short timeframe upon arrival to the U.S.
She needs a divorce, and to withdraw her application to Japan. Then you will put her status as divorced. The U.S. will recognize her marriage as legal, and if they find that it is not, they will likely reject the visa. Treat it as a legal marriage and get the divorce BEFORE applying for the fiancee visa.
jack, I'm not sure if the law is different in Japan in respect to this, but when I married in Argentina, the marriage exists and is internationally recognized even though we are still in the middle of the visa process for my wife to go to the U.S. So I think that either way, she's married. She's got to get a divorce.
this is a tricky one.
I would advise that you wait for the outcome of her visa application to Japan. If that application is approved, then technically, according to the government of Japan, she is married to a Japanese citizen. If you apply for a US fiance visa under these circumstances, your application will be summarily rejected, since you have to put down that she is married in Japan, unless of course you lie which is fraud, and I don't think you want to go there.
The problem is that your fiance is attempting to commit fraud in Japan, which is very serious, and the US State Department will find out whether your fiance is married... fraudulent or not. Worst case is that the State Department will determine that your fiance engaged in Immigration Fraud in Japan, and will summarily reject all petitions on her behalf.
The best thing to do is, if it isn't too late, is for your fiance to withdraw her Japanese visa application.
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