My father married a women from Russian a few years ago. He just recently died, while going through his personal papers we found that he lied on a number of forms and applications to get the K-1 Fiance visa for his new wife. Basically ne says that he met her while doing business with her father which was not true, he met her on one of those online sites for foreign women to find husbands. We found a number of emails and letters that are all lies he told to the US and Russian Embassey and Immigration to get her visa. He was having problems getting this one in since, the first one from Russia he married, left him after 2 years. We did not think much about it until we were all given letters from his Mutual Fund that she was getting 100% of his Mutual Fund due to an oversight in the application process. We are going to court to get the money turned over to the court so she does not get it and take it back to Russia. We don't know what to do. My father left a large mortgages, taxes, bills, and credit cards still to be paid. If she gets all of his money, the estate will not be able to pay his debt and in death my father will be bankrupt, which if he was alive he would never have tolerated, he prided himself with his good credit. In any case, we don't know what to do. This women has a fraudulent marriage and it should be anuled so that she does not get all of his money. We were told my our lawyer that the INS will not do anything until she comes up for her final hearing next year. That will be too late. If there is anyone out there that could help with this we would really appreciate it.
Let the creditors know about the mutual fund. They will file liens against it. Your lawyer should have filed for probate. Assuming there was no will that would be the next step.
The moment you capitulate to lawlessness you've lost your civility.
Posts: 8976 | Location: San Diego, or near by. | Registered: 06-08-2007
Originally posted by getherout: My father married a women from Russian a few years ago. He just recently died, while going through his personal papers we found that he lied on a number of forms and applications to get the K-1 Fiance visa for his new wife. Basically ne says that he met her while doing business with her father which was not true, he met her on one of those online sites for foreign women to find husbands. We found a number of emails and letters that are all lies he told to the US and Russian Embassey and Immigration to get her visa. He was having problems getting this one in since, the first one from Russia he married, left him after 2 years. We did not think much about it until we were all given letters from his Mutual Fund that she was getting 100% of his Mutual Fund due to an oversight in the application process. We are going to court to get the money turned over to the court so she does not get it and take it back to Russia. We don't know what to do. My father left a large mortgages, taxes, bills, and credit cards still to be paid. If she gets all of his money, the estate will not be able to pay his debt and in death my father will be bankrupt, which if he was alive he would never have tolerated, he prided himself with his good credit. In any case, we don't know what to do. This women has a fraudulent marriage and it should be anuled so that she does not get all of his money. We were told my our lawyer that the INS will not do anything until she comes up for her final hearing next year. That will be too late. If there is anyone out there that could help with this we would really appreciate it.
My prayers Are On your Side. Do Not Give Up!!! Research!!! Know Her full Name??? her parents Names???
USC and Legal, Honest Immigrant Alike Must Fight Against Those That Deceive and Disrupt A Place Of Desirability! All Are Victims of Fraud, Both USC and Honest Immigrant Alike! The bad can and does make it more difficult for the good! Be careful who you blame!!! kami ay nanonood!!!
This women has been here for a little over two years now. She has one more hearing to go to next year to get permanent status her. That is when immigration will hear from us, that is when we may present our proof about the fraud, unfortunately we don't have that much time. We know her full name, that she was divorced once before she married my father. Her father is living in our house with her now waiting for her to get the mutual fund. He has been her since a few weeks after my fathers death. I even paid for his ticket to get him here for her. She had us fooled, we thought she cared for my father, she only cared about his money. Once again, is there an agency we can contact that will look into this before it is too late.
Originally posted by getherout: This women has been here for a little over two years now. She has one more hearing to go to next year to get permanent status her. That is when immigration will hear from us, that is when we may present our proof about the fraud, unfortunately we don't have that much time. We know her full name, that she was divorced once before she married my father. Her father is living in our house with her now waiting for her to get the mutual fund. He has been her since a few weeks after my fathers death. I even paid for his ticket to get him here for her. She had us fooled, we thought she cared for my father, she only cared about his money. Once again, is there an agency we can contact that will look into this before it is too late.
You Are Your Own Best weapon!! Are You certain she was divorced??? Research!!!!! www Is Your best Tool! google every name! Attack The consulate in Question! The K1 paperwork??? Biometrics??? Seek Uk.com. .Org .Net!!! Her Fathers Name??? Seeeeek????
USC and Legal, Honest Immigrant Alike Must Fight Against Those That Deceive and Disrupt A Place Of Desirability! All Are Victims of Fraud, Both USC and Honest Immigrant Alike! The bad can and does make it more difficult for the good! Be careful who you blame!!! kami ay nanonood!!!
Originally posted by getherout: My father married a women from Russian a few years ago. He just recently died, while going through his personal papers we found that he lied on a number of forms and applications to get the K-1 Fiance visa for his new wife. Basically ne says that he met her while doing business with her father which was not true, he met her on one of those online sites for foreign women to find husbands. We found a number of emails and letters that are all lies he told to the US and Russian Embassey and Immigration to get her visa. He was having problems getting this one in since, the first one from Russia he married, left him after 2 years. We did not think much about it until we were all given letters from his Mutual Fund that she was getting 100% of his Mutual Fund due to an oversight in the application process. We are going to court to get the money turned over to the court so she does not get it and take it back to Russia. We don't know what to do. My father left a large mortgages, taxes, bills, and credit cards still to be paid. If she gets all of his money, the estate will not be able to pay his debt and in death my father will be bankrupt, which if he was alive he would never have tolerated, he prided himself with his good credit. In any case, we don't know what to do. This women has a fraudulent marriage and it should be anuled so that she does not get all of his money. We were told my our lawyer that the INS will not do anything until she comes up for her final hearing next year. That will be too late. If there is anyone out there that could help with this we would really appreciate it.
Ok, so how is this a fraudulent marriage on her part when your own father lied on the application to USCIS? And if your father was in debt, a lot of debt, I do not think she will get much, if anything at all. Under most state laws, she may be held liable for the debt too, or at least some of it. If she is not going to get anything, I do not think you will too. You may have thought your father was to leave you a large inheritance, but now that you are finding out that he was in debt, maybe you are expressing your anger at the woman he married instead of your father.
You will have to prove that she coerced your father into lying on the forms. If there is a will, you could contest it, but it will get dirty. Be prepared to defend not only your accusations, but your motives. ANd it is logical for her father to come here and stay with her after the death of her husband.
"Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre
Originally posted by davdah: Let the creditors know about the mutual fund. They will file liens against it. Your lawyer should have filed for probate. Assuming there was no will that would be the next step.
Davdah, When someone passes away, an estate lien is already filed on any and all property. The question is whether the father had a trust set up or a will. If a will, more than likely it will be probated. The other question is who is the executor. If no will and assets are worth more than $10000 in most states, some at $20000, then probate will still be necessary. He really needs to see a probate attorney.
"Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre
True, its usually the case most assets are frozen until it can be worked out who is owed what. Maybe this guy thinks she is going to snatch the money before they find out he's gone. A quick call to the mutual fund will take care of that.
I kind of suspect this guy is a little miffed that some foreign gal is going to get what he thinks is his. Assuming there is anything to get at all. The issue of her being the beneficiary and it being an oversight is probably wrong. You have to list a beneficiary for a retirement fund. By default its usually the spouse.
If the dad died intestate what is left after paying the creditors would probably be divided amongst the surviving family members. The wife will get half. The remaining will get divided up amongst who's left.
I'm curious as to why he thinks she is up to no good or was just after his money. By the sound of it there won't be that much left once all is said and done. Most mutual funds took a beating last year. With that and the loan balances he has it doesn't look like money was much of a motivator.
The moment you capitulate to lawlessness you've lost your civility.
Posts: 8976 | Location: San Diego, or near by. | Registered: 06-08-2007
Originally posted by getherout: This women has been here for a little over two years now. She has one more hearing to go to next year to get permanent status her. That is when immigration will hear from us, that is when we may present our proof about the fraud, unfortunately we don't have that much time. We know her full name, that she was divorced once before she married my father. Her father is living in our house with her now waiting for her to get the mutual fund. He has been her since a few weeks after my fathers death. I even paid for his ticket to get him here for her. She had us fooled, we thought she cared for my father, she only cared about his money. Once again, is there an agency we can contact that will look into this before it is too late.
Rather interesting. How did the father get approved to get here? What type of visa and is he an overstay now? I am surprised that he was approved because he has immigrant intent.
My father left a will, she was not in it, he left his property to me and my brothers, which includes the house she is living in. The mutual fund is not part of his estate according to our estate lawyer. Since she was not part of the estate she does not have to pay for the estate debt, we do. With the mutual fund we can pay the estate debt. If she gets it she will not. We can't even put the house up for sale to pay down my fathers debt because she is homesteaded. However, we have found a great deal of info in emails how they cooked up this whole sceam to get her into this country and that he actually sent her ALOT of money before they even met...does this qualify her has a FRAUD yet?
That doesn't sound right. The mutual fund is an asset owned by the deceased. Those assets should be subject to claims by creditors. Unless, the mutual funds had her name on them or were set up with her as beneficiary in a right of survivorship. If it were then it might be excludable in probate.
Even if you can prove the immigration was completely bogus it wouldn't overturn the validity of the marriage. She would still retain surviving spouse rights as it pertains to probate. They were married? All it might do is guarantee she leaves the country, with the money. Your father could have put anyone as co-owner of the mutual fund. Doesn't necessarily have to be a wife, real, russion, or the neighbors cat.
The moment you capitulate to lawlessness you've lost your civility.
Posts: 8976 | Location: San Diego, or near by. | Registered: 06-08-2007
Originally posted by davdah: That doesn't sound right. The mutual fund is an asset owned by the deceased. Those assets should be subject to claims by creditors. Unless, the mutual funds had her name on them or were set up with her as beneficiary in a right of survivorship. If it were then it might be excludable in probate.
Even if you can prove the immigration was completely bogus it wouldn't overturn the validity of the marriage. She would still retain surviving spouse rights as it pertains to probate. They were married? All it might do is guarantee she leaves the country, with the money. Your father could have put anyone as co-owner of the mutual fund. Doesn't necessarily have to be a wife, real, russion, or the neighbors cat.
BINGO!!!!
USC and Legal, Honest Immigrant Alike Must Fight Against Those That Deceive and Disrupt A Place Of Desirability! All Are Victims of Fraud, Both USC and Honest Immigrant Alike! The bad can and does make it more difficult for the good! Be careful who you blame!!! kami ay nanonood!!!
One last note. The only option to defeat her position in right of survivorship is to show the marriage didn't exist. In this case the only option is to show she was already married when she married your father.
It isn't uncommon for women to marry men here who are already married in their country of origin. They do this to gain entry and a green card. This also enables them to immigrate their husbands from the home land.
If convinced her dishonesty was not limited to merely making it possible for her and your father to be together you may want to investigate her past marital history. There are agencies in many countries that perform rigorous background checks and may find a hidden husband, if he exists.
The moment you capitulate to lawlessness you've lost your civility.
Posts: 8976 | Location: San Diego, or near by. | Registered: 06-08-2007
Originally posted by getherout: This women has been here for a little over two years now. She has one more hearing to go to next year to get permanent status her. That is when immigration will hear from us, that is when we may present our proof about the fraud, unfortunately we don't have that much time. We know her full name, that she was divorced once before she married my father. Her father is living in our house with her now waiting for her to get the mutual fund. He has been her since a few weeks after my fathers death. I even paid for his ticket to get him here for her. She had us fooled, we thought she cared for my father, she only cared about his money. Once again, is there an agency we can contact that will look into this before it is too late.
Rather interesting. How did the father get approved to get here? What type of visa and is he an overstay now? I am surprised that he was approved because he has immigrant intent.
He lied that is how. He was having trobles getting this one in since the 1st one he brought in and married in 2001 left him in 2003. They both came up with the story that she was coming over for business to work with him. They even came up with a phony contract and inventation letters to prove she was here on business, for my business, and I never heard of her or her father's business. They lied on all their forms they submitted to INS, the state department and the Russian embassey. He even paid her a lot of money before they even met. I was told that it was illegal for people to do that, basically it looks like he bought her from her father. Isn't that illegal?
Originally posted by davdah: True, its usually the case most assets are frozen until it can be worked out who is owed what. Maybe this guy thinks she is going to snatch the money before they find out he's gone. A quick call to the mutual fund will take care of that.
I kind of suspect this guy is a little miffed that some foreign gal is going to get what he thinks is his. Assuming there is anything to get at all. The issue of her being the beneficiary and it being an oversight is probably wrong. You have to list a beneficiary for a retirement fund. By default its usually the spouse.
If the dad died intestate what is left after paying the creditors would probably be divided amongst the surviving family members. The wife will get half. The remaining will get divided up amongst who's left.
I'm curious as to why he thinks she is up to no good or was just after his money. By the sound of it there won't be that much left once all is said and done. Most mutual funds took a beating last year. With that and the loan balances he has it doesn't look like money was much of a motivator.
We all believe she is up to "no good" because of her behavior and the behavior of her son. When we were on our way to the funeral her son said to my kids,"How much money do you think your going to get, I think we are going to get alot". I expect young kids to say stupid things sometimes, but something like that has to come from somewhere...perhaps the gold digging mother...
The marriage is the key to stopping any looting of the inheritance, not the immigration issue. Even if you could prove she came here based on fraud and deception it still wouldn't invalidate the marriage itself. The marriage is what gives her the right to his property.
Since she has kids that might be where you need to start the investigation. The father of those children should be the focus. Where is he and what is his current status. Their divorce should be closely examined. Is he re-married or waiting for the opportunity to join her.
I wouldn't put too much emphasis on what the kid says. You need to take into consideration that kid doesn't have the same emotional bond to your father as you. It may seem cold but kids deal with death in odd ways sometimes. It might be a good idea to speak to someone who your father interacted with on a daily basis. If for nothing else but to get a second opinion to determine if your thoughts are not merely grief based.
The moment you capitulate to lawlessness you've lost your civility.
Posts: 8976 | Location: San Diego, or near by. | Registered: 06-08-2007
Originally posted by getherout: My father left a will, she was not in it, he left his property to me and my brothers, which includes the house she is living in. The mutual fund is not part of his estate according to our estate lawyer. Since she was not part of the estate she does not have to pay for the estate debt, we do. With the mutual fund we can pay the estate debt. If she gets it she will not. We can't even put the house up for sale to pay down my fathers debt because she is homesteaded. However, we have found a great deal of info in emails how they cooked up this whole sceam to get her into this country and that he actually sent her ALOT of money before they even met...does this qualify her has a FRAUD yet?
I think you either misunderstood the attorney or you did not tell the attorney everything or you are leaving some parts out of this story.
If father left the will and she is not in the will, then she will have to contest it. The only money she may get would be if any asset has "payable on death" (POD) or "transfer on death" (TOD)on the ownership documents, which is where what the mutual fund may have or may not have. Being named as beneficiary of a mutual fund does not exclude it from probate, only POD or TOD does. However, there are exceptions. Perhaps the attorney said that the mutual fund may not be part of probate if the mutual fund met certain requirements.
The big question now is whether the estate will be probated or not and it appears it will be. Given the fact there is a lot of debt associated with the estate, I think no one will get any money, or much of it. The only exception may be the POD or TOD on any asset, or if your father had any insurance on the mortgate that would pay it off in case he passes away or his wife does. There are other exceptions such as a trust arrangement that could avoid probate, but your father appears had no such trust. Testamentary trusts are usually estates and may or may not avoid probate.
"Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre
Originally posted by getherout: He lied that is how. He was having trobles getting this one in since the 1st one he brought in and married in 2001 left him in 2003. They both came up with the story that she was coming over for business to work with him. They even came up with a phony contract and inventation letters to prove she was here on business, for my business, and I never heard of her or her father's business. They lied on all their forms they submitted to INS, the state department and the Russian embassey. He even paid her a lot of money before they even met. I was told that it was illegal for people to do that, basically it looks like he bought her from her father. Isn't that illegal?
Generally, when a USC brings in a second foreign spouse, it is looked at more closely by the agency.
What you are not telling us is how they met. If they met online or through a business contact or maybe through an independent third party. You keep saying that she was coming over here for business and you said that was a lie. You also said your father lied about her, how they met, and why they were married. If that is so, then why would your father lie to USCIS? You are going to have to answer this question now or in court or both.
And what you may be confused is that your father may have paid a dowry, which is common in most parts of the world. US accepts this type of arrangement as long as it is customary with the ethnic customs. So, it may have been legal.
"Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre
Originally posted by davdah: True, its usually the case most assets are frozen until it can be worked out who is owed what. Maybe this guy thinks she is going to snatch the money before they find out he's gone. A quick call to the mutual fund will take care of that.
I kind of suspect this guy is a little miffed that some foreign gal is going to get what he thinks is his. Assuming there is anything to get at all. The issue of her being the beneficiary and it being an oversight is probably wrong. You have to list a beneficiary for a retirement fund. By default its usually the spouse.
If the dad died intestate what is left after paying the creditors would probably be divided amongst the surviving family members. The wife will get half. The remaining will get divided up amongst who's left.
I'm curious as to why he thinks she is up to no good or was just after his money. By the sound of it there won't be that much left once all is said and done. Most mutual funds took a beating last year. With that and the loan balances he has it doesn't look like money was much of a motivator.
Two things. some assets can be excluded from probate when there is a will such as POD or TOD or a direct named beneficiary. However, the most common approach is the living trust arrangement or any other trust arrangement. But if no trust arrangement is available, an estate lien is issued to freeze the assets.
Second, the question I have is why would the father lie to USCIS? This is the premise of what the OP has stated and why the wife is up to no good. I think she cannot comes to grips that her father remarried twice after he was divorced from her own mother while blaming her for all the debt. It appears the father kept secret from most of the family his financial dealings and this sibling has a Cinderella syndrom that her father could do no wrong. This iwll be a very nasty contested will.
"Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre
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