quote:

Originally posted by calicowest:
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 While at the Immigration office I asked about the I-864 being withdrawn, and I was told that what I was withdrawing the I-130 is the basic for his greencard approval and only that will cover everything about his greencard.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and sent certified mail to the Lee's Summit, Mo processing office , and to my local Immigration asking the I864 be withdrawn along with the I-130 previously withdrawn.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.

quote:

Originally posted by SAMMY:
Cali,

Although I do believe you, based on circumstantial dots, when you say that he married you to obtain a legal status; but unfortunately INS doesn't make a case against someone based on 'adding the dots; rather they require 'clear and conviencing' evidences in order to take someone to an immigration court; otherwise they know well that their case would be tossed out which would cause their resources to be wasted on a lossing case for nothing.

There is nothing on the record, as per what you have described above as evidences/proofs, proves in any form of him having committed a marriage fraud. At best it's all assumptions and hearsay; at worst circumstantial happening and adding the dots. You need something substantial only from him about admitting marrying you for an immigration benefit in order to prove a marriage fraud to INS; otherwise not only all this given dots would totally be dismissed and overlooked in altogether, but also be seen as what it's... just a sign of a failed/troubled marriage...which happens almost in every complaint of a marriage-fraud.

Sounds he is on his way to get a full GC, by turning his situation other way around, as an abused spouse given the medical proofs he has about his mental status regardless of when and what caused his mental status unless a strong evidence existed about his ineligibilty to enter into the United States which was not disclosed.

As for your divorce case, then although misrepresenting a material fact at the time of marriage is a ground to annul a marriage in almost every state, yet still judge would need to evaluate the stage of his mental status at the time marriage occured. Just because someone is a bit kookoo or taking some prescribed medication, that doesn't mean s/he is/was totally unable to consent to a viable marriage. Besides, most judges don't annul a marriage regardless of what laws state...nonetheless after so much time later.

Do you think you can move on with your life with a simple divorce than digging up his medical history and spending your time, energy and money over him... particularly when you say that you don't care about his immigration status so long you won't be liable for any financial responsibility because of him? There are not much public benefits/aids available for immigrants anyway so to say you will be liable for something. I mean, even if somehow you are able to get your marriage annuled, yet still that might not strip him from his immigration status. For example, 4-5 yrs ago a case was reported on this site wherein a woman got impregnated thru an artificial insemination without the knowledge of her husband. When her belly popped out in a few month, husband asked her what was that all about. She told the truth and also informed him that she went to do it because he refused to have a baby while her biological clock was running out. Husband had a 13 years old son from his first marriage in his full custody and admitted he didn't want anymore baby with anyone which he didn't tell her at the time of marriage. Woman filed the annulment which was granted since it was a valid ground to annul the marriage. Husband got stuck in his immigration limbo at the time of removing condition on his temporary green card, but finally INS approved his application. Nobody knows for sure if he did disclose to INS about annuling of his marriage as he was contemplating not to disclose it but then said he did...but nobody knew the truth.

That being said, sometimes it's better to move on....but then I also know that it's not that easy...

Wish you the best...