Marrying for obtaining citizenship.

Question:

My question is regarding forging information to get legal status.  I am
married and have 3 kids.
I came to USA four years ago and tried every possible legal way to get
immigration but it has been denied.  I truly feel that if I go back to my
original place, me and my family will have extreme hardship as there is no
source of income.  On the other hand, I want to go back as I miss my parents
and kids.  Same thing is my parents want me to come back as they are old and
miss me.  I am the only bread winner for my family.  I have no big savings to
start over in my country.
Now, I have been told that in order to get legal status I have only one
option i.e. marry a citizen here.  I know muslims are not allowed to do such
things.   Is there anyway to do it for intention of doing it to meet parents
and kids only while there is no other option available?  I have no other
option than
1. Going back to my homeland where there is not much opportunities available
due to political situation.
2. Getting marry to us citizen by declaring my first marriage over to get
travel document.

Please guide me in the light of above circumstances.  May Allah reward you
for guiding people towards the right way.
Jazakallah

 

Answer:

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

Marrying a US citizen by declaring your first marriage is over, simply to get travel documents is definitely cheating, deceiving and lies.

Rasulullah (Sallallahu Alaihi Wa Sallam) said,

مَنْ غَشَّ فَلَيْسَ مِنَّا                              

Whoever deceives, he is not from amongst us. (Tirmidhi 1315)

 

إِذَا حَكَّ فِي نَفْسِكَ شَيْءٌ فَدَعْهُ

If something turns in your heart (making you feel uncomfortable) then abandon it. (Ahmad 22159)

There may also be further legal implications and consequences. Furthermore, Islamically it is incorrect for you to marry a woman with the sole intention to receive citizenship of a country. Islam does not advocate such marriages, as they are generally temporary and provisional. These marriages are engineered to advance other agendas and are not performed with the intent to be permanent. You cannot simply ‘marry’ a woman, reward her with money to obtain your objectives. This is not the true spirit of marriage and Islam does not advocate this type of marriage.

While earning an income in your homeland might be more difficult, the true happiness and comfort will be living with your wife and children and assisting your parents. You state that your parents are old and miss you and will like you to return. By obeying them and fulfilling their wishes, Allah Ta’ala will surely grant you Barakah and success in your livelihood.

We therefore advise you return to your homeland and seek an income there, along with the intention of assisting your parents. Continuously make Dua to Allah Ta’ala and ask for goodness and Barakah.  

 

And Allah Ta’āla Knows Best

Mufti Arshad Ali

Darul Iftaa, Jaamia Madinatul Uloom (Trinidad)

www.fatwa-tt.com /www.jaamia.net