Last year Sept 2007, I written a letter to my local congressman regarding immigration marriage fraud, and I was contact by the local Immigration office, where I went to their office to sign under oath to withdraw my I-130 petition, after my ex received his conditional greencard. While at the Immigration office I asked about the I-864 being withdrawn, and I was told that what I was withdrawing the I-130 is the basic for his greencard approval and only that will cover everything about his greencard. I was also told there would be an investigation of my claims. What I've read on USCIS website is that my claim would be investigated within 180 days, that timeframe has came and gone and no word from USCIS. I am concern about the I864 so yesterday, I wrote a letter and had it notarized and sent certified mail to the Lee's Summit, Mo processing office , and to my local Immigration asking the I864 be withdrawn along with the I-130 previously withdrawn. My ex's conditional greencard is to be renewed November 2008, however we are tied up in Family Law Court where I am annulling the marriage based on Fraud: mispresentation of material facts (concealment of his mental illness and immigration marriage fraud). I like to know if anyone here has has any success of getting release from the Affidavit of support based upon fraud. I dont care whether he's deported or not, I the American who sponsored him just dont want any responsibility for his U.S. Immigration after his mountain of fraud perpetrated against me in the marriage. The Annulment will not be completed prior to the timeframe where he would have to try to remove conditional this year. Going through the discovery phase for the annullment of marriage, so proving fraud especially the mental illness will take some time for discovery (evidence is his prescription drug medication box with his name on the label and a therapist letter who saw the both us during his psychotic state), but the court is still saying I need to prove his diagnosis. Any response would be greatly appreciated.
This message has been edited. Last edited by: calicowest,
Hurry up and focus on getting the annullment. You will not be bothered for support from immigration. Focus on the annullment for marriage fraud and do not be concerned with his status. Stay focused on what you have to do.
Uscis told you correctly that once the I-130 is withdrawn that all others apps are cancelled. The problem you have is that an approved application cannot be withdrawn unless fraud has been proven. You have not given them evidence that fraud has been proven, therefore, the applications are most likely still in tact until that time comes.
You are asking for annulment based on marriage fraud misrepresentation that he did not disclose his mental illness to you// is this correct? What type of immigration marrigae fraud are you citing? Are You saying that he was scamming you for a greencard.. yes or no.
The diagnosis will have to be proved, and if you cannot prove this, most likely you will not be able to get annulment based on this type of fraud. that will make you go to plan b evidences for greencard scamming. It is not looking good unless u have evidences to prove.
There is no such thing as renewed conditional card. The conditions will have to be removed. Unless you will be divorced by November, he will not be able to remove conditions just yet. You will not be signing a joint petition 751, and he will not be eligible to submit a 751 waiver petition because he does not have a divorce decree final in hand to send with it. or an annulment.
It is good to follow up as you did by updating uscis and asking that the affadavit of support be withdrawn. Director does have this power based on extenuating circumstances. He will probably wait until the conditinal card expires in order to act on it though. Husband is good up until the card expires.
If husband gets a good lawyer, he will probably have him file on emotional abuse from spouse to get extension letter to extend his status and to get permanent residency.
Good Luck, but you will need evidence to get your annulmnet, otherwise you will have to settle for divorce.
I am in the middle of the annulment proceeding, I have the basic details of my state requirements when it comes to annulment, my original post said I'm annulling the marriage. I know about having evidence and proof of marriage fraud, believe me with the help of a civil litigation attorney and my personal research, I'm on the right track. I have done some extensive research into the immigration issues, however any additional information about immigration fraud would suffice. Again, I am clear about proving his mental illness for annulment. Are there multiple types of immigration marriage fraud? That is new to me. I have a published caselaw for my state regarding fraud that cites immigration marriage fraud, and according to my state rules on annulment, there's only one type of immigration marriage fraud which is for the sole purpose of gaining immigration status. Maybe you can tell me of the other hundreds of examples of immigration marriage fraud, I would like to do some research to see which of your additional categories I can fit my case into. Please explain.
I am in the middle of the annulment proceeding, I have the basic details of my state requirements when it comes to annulment, my original post said I'm annulling the marriage. I know about having evidence and proof of marriage fraud, believe me with the help of a civil litigation attorney and my personal research, I'm on the right track. I have done some extensive research into the immigration issues, however any additional information about immigration fraud would suffice. Again, I am clear about proving his mental illness for annulment. Are there multiple types of immigration marriage fraud? That is new to me. I have a published caselaw for my state regarding fraud that cites immigration marriage fraud, and according to my state rules on annulment, there's only one type of immigration marriage fraud which is for the sole purpose of gaining immigration status. Maybe you can tell me of the other hundreds of examples of immigration marriage fraud, I would like to do some research to see which of your additional categories I can fit my case into. Please explain.
I was trying to discern what your intention is.
4 example
If person is granted annulment for marriage fraud because of spouse not disclosing mental illness/serious health issue, this would not neccesarily be reason to deny a 751 waiver to remove conditions. This does not prove that the alien wanted marriage for sole purpose of a greencard.
If you were bringing alien to court for an annulment based on immigration marriage fraud with evidences for direct scamming of usc to obtain green card, THEN uscis would use that information to immediately terminate residency and place PERMANENT BAR on that alien to never be able to adjust status based on marriage ever again.
It is annulment for marriage fraud, but with 2 differnt intents(types of fraud) in eyes of uscis. The one being viewed as immigration marriage fraud as a reason to terminate residency.
You could obtain a simple divorce, and still go to uscis and make a case of marriage fraud based on evidence that USC was scammed for greencard. petitions would be cancelled. An annulment for marriage fraud would not be needed. Anullment /divorce/fault divorce etc differ from state to state. What is available under one State's law may not be available in a different state.
Also, some judges will not grant anullment based on immigration marriage fraud becuase it will adversely affect alien's immigration status. go figure.. right
BTW...Actually I was trying to ascertain what type of evidences that you had regarding your immigration marriage fraud, but since you seem to have a whole crystal ball to speculate the about "hundreds" of examples of Immigration marriage fraud," so I doubt very much that my many years of experience and expertise in these matters could be of any help to you.
I agree wtih 4now on this one. Marriage fraud encompasses all sorts of misrepresentations by a party, that when discovered give a legitimate reason to the other party to try to invalidate a marriage that would never have occurred if the truth had been known. One such truth would be an alien's true and hidden motivation to marry simply to gain residency in the USA, otherwise known as "immigration marriage fraud". But failure to disclose a mental disorder may be "marriage fraud" but doesn't demonstrate "immigration marriage fraud" at all.
In fact, I'd go so far as to suggest that if the OP has evidence that could prove immigration fraud, to complicate an annulment proceeding with disclosure that an alien also misrepresented his mental condition, might dilute any immigration fraud claim she has.
Posts: 2174 | Location: USA | Registered: 07-25-2003
I know about having evidence and proof of marriage fraud, believe me with the help of a civil litigation attorney and my personal research, I'm on the right track.
Care to tell what evidences/proofs do you have about him having committed a marriage fraud?
Posts: 815 | Location: East Hampton [Long Island], New York [USA] | Registered: 10-08-2003
I know about having evidence and proof of marriage fraud, believe me with the help of a civil litigation attorney and my personal research, I'm on the right track.
Care to tell what evidences/proofs do you have about him having committed a marriage fraud?
Wow! Welcome back Sammy!
----------------------------------------------------------------------------------------------- God Bless America - God Bless Immigrants - God Bless Poor Misguided Souls Too
National Domestic Violence Hotline: 1.800.799.SAFE (7233) 1.800.787.3224 (TTY) Anonymous & Confidential Help 24/7
I know about having evidence and proof of marriage fraud, believe me with the help of a civil litigation attorney and my personal research, I'm on the right track.
Care to tell what evidences/proofs do you have about him having committed a marriage fraud?
The evidence I have is in the marriage fraud to support nullity of marriage is his prescription medication for chronic schizophrenia that is mailed by his mother to the U.S. In his request for admissions he has admitted to previous taking the medication, but he says for other reasons, and he has admitted to his mother mailing the banned prescription medication. Of course I'm seeking to get information on his diagnosis from his country of origin. Secondly I was able to get him to see a therapist (not a psychiatrist) who witnessed his psychosis, and the therapist recommended a psychiatric evaluation, however he refused at the advice of this family, he was violent with during his psychosis. On the other hand, my evidence of Immigration marriage fraud is: after discovering his mental illness, I called USCIS and discovered USCIS approved his conditional green card, just one week after his psychotic episode. When I told him about the approval, he told me one of his friends wanting him to apply for his immigration for a price of $1,500, I began to question his thinking and he told me the relationship was over, he withdrew my name from the joint bank accounts, he closed other bank accounts, and just ten days after becoming aware of the greencard was approved he left. Shortly after the marriage one of his friends he brought to our home, told me "he said he married you only for his immigration", he denied it, and I called his ex-wife in his home country, and she too said he told her he said "he married not for love but for his greencard". In my State Misrepresentation of material fact: his concealment of his mental is grounds for annulment. Since, this is fraud this goes to the essence of the marriage, and proves the marriage wasnt bona fide.
This message has been edited. Last edited by: calicowest,
The One Thing That Separates!!! Americans Generally Do Not Marry Without Ultimate Devotion, The Foreseen Spouse!!! There Are Instances Where A *** Will Mary Status Seeker For $$$$$ Even Straight. Desperates! But Those Are Very Clear! The Deceit Of Those Seen Through Easy!!!
Marriage Is A Joint Effort For Common Goals!!! an Ultimate Trust and Devotion To The Other!!! Sadly The Status Becomes #1. Then The USC Significant Other Is Put On The Back Burner!!!
THATS NOT LOVE!!!! THATS NOT DEVOTION! THATS NOT MAKING YOUR DREAM PARTNER!!!! FOREVER AND ALWAYS!!!!
This message has been edited. Last edited by: MakeItRight!,
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!!!
The evidence is flimsy at best. The medication wasn't hidden during the immigration process. Assuming it can be prescribed for what he said it was for and USCIS accepted it the door is closed. You would need to prove he hid the true nature of the illness. To do that would mean getting his medical records from the home country.
The opinions of third parties are just that. Especially from someone ,the X, who may have ulterior motives for making the claims they are.
To date you don't have an actual diagnosis of the suspected illness. Can't make the claim unless you do.
If you can't meet the evidence bar then just file for and end the divorce quickly. Since all he has is a conditional card there is a chance it may be revoked since the marriage ended so soon after getting it.
The moment you capitulate to lawlessness you've lost your civility.
Posts: 8963 | Location: San Diego, or near by. | Registered: 06-08-2007
Originally posted by davdah: The evidence is flimsy at best. The medication wasn't hidden during the immigration process. Assuming it can be prescribed for what he said it was for and USCIS accepted it the door is closed. You would need to prove he hid the true nature of the illness. To do that would mean getting his medical records from the home country.
The opinions of third parties are just that. Especially from someone ,the X, who may have ulterior motives for making the claims they are.
To date you don't have an actual diagnosis of the suspected illness. Can't make the claim unless you do.
If you can't meet the evidence bar then just file for and end the divorce quickly. Since all he has is a conditional card there is a chance it may be revoked since the marriage ended so soon after getting it.
Originally posted by davdah: The evidence is flimsy at best. The medication wasn't hidden during the immigration process. Assuming it can be prescribed for what he said it was for and USCIS accepted it the door is closed. You would need to prove he hid the true nature of the illness. To do that would mean getting his medical records from the home country.
The opinions of third parties are just that. Especially from someone ,the X, who may have ulterior motives for making the claims they are.
To date you don't have an actual diagnosis of the suspected illness. Can't make the claim unless you do.
If you can't meet the evidence bar then just file for and end the divorce quickly. Since all he has is a conditional card there is a chance it may be revoked since the marriage ended so soon after getting it.
According to the immigration process, he completed the I-693 Medical Examination Application, where he concealed his mental illnes, which is listed in the Condition A section. The application states if one willfully and knowing misrepresent a material fact from the application there are several potentials for doing so. I have submitted request for admission with 17.1 interrogatories that is seeking names, addresses and documents of anything he denies on the admissions. If any of you that are attorneys that are aware of the request for admissions, this process is trying to get at information to support my claims of his mental illness.
There are few issues. One is the actual diagnosis. With Doctor patient privilege being what it is you won't be able to get it unless someone hands it over voluntarily. However. There might be a way around this. Some conditions are required to be reported to the government. You would need to check with his home country. Getting anything from a US hospital would probably be worthless.
You would need a diagnosis that pre-dates his immigration. Otherwise, his defense will be the condition didn't occur until afterwards. That means it will need to come from the home country. That makes it that much more of a challenge since a foreign hospital is less likely to hand over medical records of one of its citizens to a foreigner. You should check with the foreign country's reporting requirements for various conditions. You may get lucky and it was reported somewhere that you can access.
The statements by his X or others won't help much. They will use the 'ax to grind' defense. Those people have reason to seek his demise. Not credible enough. It would more or less need to be something in his writing saying that was the plan, to marry for a GC.
The moment you capitulate to lawlessness you've lost your civility.
Posts: 8963 | Location: San Diego, or near by. | Registered: 06-08-2007
[QUOTE]Originally posted by davdah: There are few issues. One is the actual diagnosis. With Doctor patient privilege being what it is you won't be able to get it unless someone hands it over voluntarily. However. There might be a way around this. Some conditions are required to be reported to the government. You would need to check with his home country. Getting anything from a US hospital would probably be worthless.
You would need a diagnosis that pre-dates his immigration. Otherwise, his defense will be the condition didn't occur until afterwards. That means it will need to come from the home country. That makes it that much more of a challenge since a foreign hospital is less likely to hand over medical records of one of its citizens to a foreigner. You should check with the foreign country's reporting requirements for various conditions. You may get lucky and it was reported somewhere that you can access.
The statements by his X or others won't help much. They will use the 'ax to grind' defense. Those people have reason to seek his demise. Not credible enough. It would more or less need to be something in his writing saying that was the plan, to marry for a GC.[/QUOTE
As I've said before I have proof of the prescription medication that is prescribed by a doctor from his country, and he has admitted under oath that he has taken the medication. I am current in the procedure of discovery, and with discovery I am trying the court procedures to get this information. My attorney is guiding me throught the proper court proceedings. I do understand I need to prove his diagnosis prior to marriage. Davhad, how can he say he got the mental illness while in American after his immigration? The medication was prescribed outside the U.S., in fact the medication is banned from distribution in America. You might be trying to play a devil's advocate, but that doesn't make sense, when he has already admitted to his family mailing the medication to the U.S. for his personal use, while he had medical insurance in force in America. WHy would he need for a Doctor in his home country to write a prescription?
I am being devils advocate here. I certainly am not taking his side, thats for sure. With mental illness there is so much latitude for error since its not an exact science. Even if it can be proven he had it since birth it may not mean much if he can come up with the defense that he didn't know until some time later.
Something else to consider. They may come back and say a reasonable person would have known of the illness prior to immigration and assume you did. If so, hold you to the I-864 for medical costs etc.
The point of proving 'willful' is more elusive with this sort of condition. Since its psychiatric he could also say he wasn't of sound mind and was not capable of exercising fraudulent intent due to the illness. In brief, he was crazy and couldn't have reasonably known he was sick or that he was committing fraud..
This is a quagmire in that if you prove he was crazy he can turn around and use that as his defense. You would need to prove he specifically had that condition before. That he hid it from you and immigration. That the medicine he was taking would render him in a condition of being of sound mind. Since it is banned, that may hurt your case for what ever reason it is. You need to prove he is a crazy con but not so crazy that he didn't know what he was doing.
The moment you capitulate to lawlessness you've lost your civility.
Posts: 8963 | Location: San Diego, or near by. | Registered: 06-08-2007
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go figure.. right
Help The OP!
