Hello, all.. well, my story's pretty simple. Discovered from anonymous and identifiable sources that my alleged wife was not able to conceive children; that she never intended cohabitate in California or any other state with me; that she concealed assets and taxable income from me and the Internal Revenue Service; that she had broken several laws using fake SS cards; had verifiable proof of adultery on her part; and that the alleged spouse admitted the fraud herself- even making some serruptitiously-acquired digital audio recordings that incriminate her in the fraud. We married in Las Vegas, NV in June 2003, I discovered fraud on January 12th, 2006 and filed immediately for an annulment in California on January 13th, 2006. The alleged spouse called up to apologize for her actions the same day I filed, asked for my signature on an I-751 by voicemail- giving me a deadline of one week, and actually had the boldness to ask for photographs and other items to support the bona fides of the alleged marriage. I have a seizure disorder and a brain injury, am on meds, and had to make the choice of paying an attorney, travelling to California to represent myself in propria persona, buy my medications or seek rehabilitation. So, I am now settling for Divorce based on Irreconcilable Differences because I cannot afford representation. I'll always love her, but I've let her go when I found out exactly who she was and what she represented. Recordings exist that prove she concealed assets, committed adultery, defrauded the IRS and USCIS and obtained my consent to marry through fraud by inducement. I've already made a report to ICE in January 2006 and have written a statement to the USCIS in March 2006 with my evidence supporting fraud on her part. Question is- can someone obtain a divorce in California and then file for an annulment later (wildcard choice); and, should an immigration judge call me on my objective evidence and ask me to testify against my alleged spouse, what types of evidence are admissible against her that would not ordinarily be admissible in California Superior Court for a family law matter? Oh yes, and- since I refused to sign an I-751 for removal of her conditions once I discovered fraud- and since our divorce will not be final until after the deadline for filing a waiver for her conditions (June 17th, 2006), will she be subject to removal proceedings before this whole settlement process is over with? I was under the impression that a final divorce decree would not come until two months after a judgement is made by the Courts? Am I wrong?
Any help would be appreciated. I've moved on, but in my line of work I prepare for almost any situation. CYA, everyday.
DO NOT SETTLE FOR DIVORCE WHATEVER YOU DO; DEMAND AN ANNULLMENT; YOU CANNOT ANNULL A MARRIAGE AFTER DIVORCE; ANNULLMENT IS SAME COST AND TROUBLE AS A DIVORCE; DIVORCE WILL HELP HER CASE: ANNULMENT WILL HURT HER CASE; DESTROY ALL EVIDENCE OF BONAFIDE MARRIAGE; KEEP ALL EVIDENCE OF FRAUD
NO MATTER WHAT SHE WILL NOT BE DEPORTED; DO NOT THINK USCIS CARES USCIS IS ONLY THERE TO HELP CRIMINALS LET IT GO
Allegations of adultery and her being unable to have children have nothing to do with marriage fraud from the immigration point of view. The marriage fraud statute is very simple and the elements of the crime quite precise. As you know, those elements must be established and proven by preponderance of evidence. You know that trying to use the system to exact revenge is also a crime. "Corruptly" destroying evidence is a crime all by itself, obstructing a federal investigation or a court proceeding is forbidden.. and yes, USCIS is an "agency" and their investigations are "proceedings" under the obstruction statute. You could also be nailed by the new and broad obstruction statutes under Sarbanes-Oxley, so be careful. This is not legal advice.
The d u m b e s t thing is to "see" sometheing where nothing exists. I recall the saying by Confucius in this regard..
What is it that OP wants to know? Will she be subject to removal?
Of course, if there are grounds to remove. And opposite, if she is eligible to stay.
OP's post is just a point of view of one interested party (in this case an angry husband who wants to exact revenge). We don't know nor can know all facts of the case - which appears to be complicated from what little is written by OP - so anything we might advise him is nothing but pure speculation.
Complicated cases are decided in Court, before the Judge and in presense of Attorneys, not in public forums such as this.
Regards,
IE
Posts: 2501 | Location: NJ, USA | Registered: 03-11-2006
Actually, iperson, that's not correct. I think you might have the timeline messed up. The items I listed first were not found out until after we married. Your bitterness must have a personal slant- have you been victimized?
One who sees "an angry husband who wants to exact revenge" is probably one who has anger issues. iperson, I a layman, not an attorney- and had I been knowledgeable of fraud I would never have married her. I took an oath that I would testify truthfully during my AOS interview, and I take my honesty and integrity quite seriously. I'm not sure why you'd see it that way- as revenge. While my feelings may have been hurt making my discovery after the fact, my concern regarding removal proceedings is only to establish a timeline of how soon I should settle. I wish no ill will against my wife. If you didn't read my post correctly, let me reassert my position: I love my wife. Please pardon Antifascist's and iperson's collective ignorance- I have read their posts and I have serious questions about their integrity- they've no right to question mine.
you need to lay off your meds temporarily because it's seriously clouding your brain. Just admit it ,all you want is a revenge ,loser. Who tapes conversation with their wife..er I mean alleged spouse? If you don't love her get an annulment and move on, stop acting like a woman or a detective.
Please tell me what happens with your case as I'm in the exact same predicament except that I have not filed the divorce papers yet. (Still being drawn up) The I-751 Interview is in December and I haven't decided if I will wait to commence the proceedings or go ahead with the divorce now. I just went down today to the INS office in NYC and the officer there said to file for divorce now. I bet if I asked someone else down there I'd get a different answer. She also said that most applicants do get their permanent cards no matter if you write a letter, don't go to the interview, etc... Let me know if you've heard differently.
Hello there, I am also in a similar situation here. The diference being that mine had children involved. I met this woman in 1997 and we dated for quite some time. After a while during a conversation er had, we got into a discussion about citizenship. Thats when she said, "by the way, you know I am not a citizen right" by this time I had fallen in love with this person so much that I wanted to be with you forever. After more discussion, I found she was married in her other country, then had three kids. She said she had to escape her marriage there and start a new life here in the states. One day she tells me that her visa will expire soon, we were in panic on figuring what to do and she ended up going back to her country and re-apply for another and coming back to U.S. after several months while keeping close communication through phone and email. We are unseperable it seems. SHe makes it back in U.S. and we start to find out what to do if we are going to spend the rest of our lives together. We decide to get married eventually and started to fill papers for her petition to get married. We were best friends and did everything together, and our future was our biggest dream. It became time for the kids to be petitioned. The process took a long time, first came the youngest, so adorable. Then the second daughter which blosomed into a beautiful butterfly. This took years so far and finally the last child which took longest because being the oldest. I felt more and more distant as each child arrived and all her attention was directed towards the kids and ignoring me. I gave this woman and kids my whole life. A month after the last child arrived, we attended a friends wedding and she made a joke, we're not divorced yet, right out of left field. A month later, she asked for a divorce. Thats two months after the third child arrives in U.S. and she says the papers are allready, she's done all the paperwork. That same night she says, we're moving out next week. It's been over six months and they still haven't told me where they live. I always kept in contact with the kids via text messaging or email but lately they haven't been responding much. To be continued......
Any recourse here? Eastern European/former Soviet country ex wife. Already went through a nasty divorce, filed just a few weeks after her citizenship came through. Married four years almost to the day before she filed. Courtship prior was just under a year, and she only disclosed she was still married to her foreign husband a few months before we married. Bought her divorce overseas and in her church and then we married there and here. She had a child from that marriage. We had a child while married. She was in the country nearly 7 years before we met. Married the foreign husband nearly 10 years before that. I just discovered he was in the US the whole time, and have found addresses for him in every city she lived in - even during our marriage. In other words - they have never been separated. Did I mention she bled my family dry financially during the marriage? It was crazy bad. She moved post divorce (right away, far away) and he followed. We litigated child support, she brings him in as her overnight babysitter - no joke. And now she moved again, and guess who followed? This guy has been consistently with her in the US 17 years or longer, and uses her addresses and stays in the country (without citizenship - overstays his visas). I was a short term detour for her to pick up citizenship, and then when she filed for divorce she made up wild abuse claims, etc and moved away with the kids. She got citizenship, money and my child and I just now found out what really happened.
Too late for an annulment - is there a civil fraud remedy? I don't expect INS to help - maybe they would investigate him or her for harboring him, but I know she won't get her citizenship revoked or anything? I am angry to find out I was used for citizenship and have been put through the ringer in a horrible way by her to ensure she can still get money out of me. Does anyone know if I can do anything?
[quote]Too late for an annulment - is there a civil fraud remedy? I don't expect INS to help - maybe they would investigate him or her for harboring him, but I know she won't get her citizenship revoked or anything? I am angry to find out I was used for citizenship and have been put through the ringer in a horrible way by her to ensure she can still get money out of me. Does anyone know if I can do anything?[/quote]
Write a letter to the INS telling them this same story.
Reading everyone else's problem, I guess mine isn't all that unique. I met my husband online on a Christian Single's site. He began to immediately push marriage and don't ask me how, but soon after, I was swept away with the idea. I'd been single for over 10 years and every email I have from him (259) all spoke in such spiritual tones with many biblical references. I thought I'd found the most spiritual and wise man on the planet. I was Pastoring a small church at the time, and brought him here to both Minister and build the church with me and to marry. 11 months after meeting, he was here (via our paying his way). The first 6 months he seemed the sweetest, most thoughtful man. Immediately upon getting his work papers and bringing in income, HE CHANGED, literally OVERNIGHT! He complained about having to pay bills, though he only paid the RENT. Wanted to know why I couldn't pay bill as I had before he arrived. He wanted to save his money to start a car export business, and blamed me for not be able to. At the same time, this man is sending hundreds of dollars to Africa and daring me to question it. Shortly, thereafter, he had an Affair and asked for a divorce as this woman had a lot more than me (I'm on disability while she owns a Home, Mercedes & Expedition). She ended up "playing" him with no intention of giving him a dime. The next thing I know, he's telling me this woman raped him (she did extort $500 from him); then, she claimed he raped her, but emails showed her still talking "love" to him after the fact which cleared him. During this time, he moved out of our bedroom and stay out for over a year. He began to act like I didn't even exist (in the same house with him). We didn't celebrate our 1st or 2nd Anniversary; He's never given me a "holiday" gift and continued to distance himself from me, but refused to leave. To make a long story short, he's now living with anothe woman and changed his phone number so that I cannot contact him, changed his address (via the Post Office) as soon as I located his address, returned all letters sent to him, and refuses to respond to my email.
Shortly, after our marriage, I discovered that every single document he's given Immigration was a fraud and I can prove it. He has a son that I was petitioning to come here, but he refused to give me the money to continue petitioning for him as soon as he got his own Green Card. Believe me, there's more to this story, but I'm keeping it as short as I can. Understand, I married this man in Good Faith. His VISA was under A Religious Worker, but I've sense found out he's not a Minister at all. Before his Green Card and during his extra-marital affair, everybody from Africa and America called and pleaded with me to FORGIVE HIM and do the Christian thing and continue with him. Now, since he's gotten his Green Card, nobody even responds to my emails or phone call. I've simply been DUMPED (without any just cause at all) and I haven't file for divorce yet because I'm in the process of moving to another state, but I, too, considered an annullment as this marriage has NEVER BEEN A MARRIAGE! I've even suspected another wife in Africa, but I have no real proof of that, but I DO HAVE PROOF that every document given to Immigration was fake.
Am I going to have problems deporting him, because that is my absolute intent. I've been working on my letter to Immigration for the past two days and gathering my support documents. I don't think he should be able to get away with this. It's just NOT right! I'm not the fighting or cheating or even confronting type: I'm a very sensible, mild-mannered Christian. Some of his African friends here in America have tried to plead with him to do what's right (many of them are here via marriage via internet, but they are good to their wives).
Somebody, talk to me. I need all the help I can get. Because I will not take this lying down! Nor should I have to.
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