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  • divorce/annul marriage to an immigrant

    My wife came from Vietnam on 10/01/07 with a fiance visa.

    I married her on November 13 2007 in Arlington County, VA court (civil law)

    She just completed her biometrics appointment on 1/11/08

    It will take 90 days to get her work permit.

    It will take 6 to 8 months for her first green card which should be sometime in late April or to June 08.

    It's a very volatile marriage and we are completely incompatible! After 3 months of marriage, I'm at my wits end. I want out!

    I don't think I qualify for anullment of marriage so I'll have to seek legal help.

    Does anyone know what I have to look forward to in terms of cost, time, and division of property.

    I want to do this as amicably as possible, but I do expect a fight.

    Thanks kindly

  • #2
    My wife came from Vietnam on 10/01/07 with a fiance visa.

    I married her on November 13 2007 in Arlington County, VA court (civil law)

    She just completed her biometrics appointment on 1/11/08

    It will take 90 days to get her work permit.

    It will take 6 to 8 months for her first green card which should be sometime in late April or to June 08.

    It's a very volatile marriage and we are completely incompatible! After 3 months of marriage, I'm at my wits end. I want out!

    I don't think I qualify for anullment of marriage so I'll have to seek legal help.

    Does anyone know what I have to look forward to in terms of cost, time, and division of property.

    I want to do this as amicably as possible, but I do expect a fight.

    Thanks kindly

    Comment


    • #3
      You need a lawyer fast!!! Read my story. Buy a digital recorder immediately. Record everything and see if you can get her to admit she married for residency. If your not careful, you could end up flat broke with years of legal troubles.

      Your wife may be seeking VAWA self petition status. This will immediately make her "legal" and you will become an "illegal" and alienated American. Read up on VAWA laws... If she has been abusive with you, make sure you report abuse to the authorities first. With a VAWA complaint the courts can turn all of your property over to your wife before a divorce hearing. She will receive free attorneys for divorce and immigration.


      She will lie and do what it takes to maintain U.S. residency in lieu of marriage. Be very careful! Don't make her mad... One call to 911 with a false accusation can destroy your life for years to come.

      Comment


      • #4
        you should leave her alone , go out of your home as fast as possible,
        she may call the cops any time and put you in jail then you will be destroyed .
        God bless you

        Comment


        • #5

          Comment


          • #6
            You may wish to call ICE (1-866-DHS-2-ICE) immediately. Just ask for them to take a report that you suspect your wife married for U.S. residency.

            This could possibly kill her chances of becoming a resident. She may be able to maintain residency in lieu of marriage. Just protect yourself... She will more than likely wait until she gets her work visa before attempting a self petition... Beware... Be very afraid...

            You also need to move funds into another bannk account if you have a joint bank account with your wife. She would secure all of your financial assets immediately if you go to jail under false pretences. You will not be able to recover these funds legally.

            You also signed an affidavit for support... She could secure spousal support until she is on her feet regardless of the outcome.

            Comment


            • #7
              You most certainly can sue for an anullment. Chances are IF and ONLY if you act IMMEDIATELY and have the papers on her served, you can be annulled within a couple of months. Do have a friend move in with you as a witness. Do not leave your house if possible. But unless you have a witness then consider going to a temporary residence until it is over. Video tape and record everything 24/7. Disconnect your telephone. Shut down your bank accounts. Do not discuss anything with her. The papers get served period. I have given this advice to others; most times they ignore it and give the criminal a second chance and regret it.

              If you want further advice you can email me.

              I will say this once and your fate is in your hands: See a lawyer IMMEDIATELY and get an annullment based on fraud. YOU CAN NOT END THIS ANICABLY; IF YOU BELIEVE THIS THEN YOU ARE CLUELESS. If you do not do this IMMEDIATELY, then your life will become h e l l.

              Comment


              • #8
                I honestly didn't expect this many responses. I also haven't been this frightened in a long while, but thanks so much for the help and advice.

                I have contacted a lawyer in Arlington, VA for consultation this coming Thursday 1/24/08. I also have another one in line who's a close friend of my sisters.

                I share no joint accounts with her and have secured my online banking account with new username and password. Can I keep my banking accounts open as is, or do I really need to close them?

                I will disconnect the phones unless there is any advise against this? I'm worried this might MAKE HER MAD. Don't want that.

                I understand the need for a digital, video, and audio recorder in her presence, but I don't plan to be any where near her without being accompanied by a family member or friend. Unless you all mean tapping my phone and setting up a hidden camera? Doesn't disconnecting the phones take care of this? I have no cell phones to worry about.

                I will read the VAWA laws. She definitely could use this against me.

                I am not familiar with the Virginia abandonment laws, and wouldn't know where to begin looking for these. In general, I feel safer away from her with no contact except to make sure she has what she needs to survive. She should be alright in my condo.

                I will contact ICE as recommended. I don't think her original intent to marry was for GC, but I will report my suspicions for the record. Is there any advise against this?

                I'm not sure what you all mean by abusive, but last night 1/17/07 she blocked the doorway with her body to keep me from leaving the house. I had to wrestle her out of the way to get out of the house. As I was cleaning the snow off my car she came out in her PJs and barefooted, stepped in front of my car, and threatened not to move. She said that I would have to run her over if I did. I got out of the car started running up to my condo but forgot to grab the keys, after which she reached in a got them. In the house I tried to pry the keys out of her hand but gave up quickly. The thought occured to me that this could give her reason to call 911 and nail me with some kind of domestic abuse. Instead, I quickly called my sister and had her coax my wife over the phone to give them up. I left and haven't returned to the condo since. I only called tonight 1/18/07 to see if she was OK, and made certain she had everything she needed to eat and survive. Should I still report this to the authorities as abuse?

                I plan to return tomorrow with a friend or family member to get all the petition documents as well as the marriage license. Hopefully, she's calmed down and hasn't hid them. Wish me luck.

                Please help me some more. I'm very concerned.

                Thanks so much.

                tazman14302

                Comment


                • #9
                  You very much want to prove that her ORIGINAL INTENT was to commit fraud. If you get an annulment based on Fraud, she will be barred from ever getting a green card. Unless the original intent to commit fraud is proven you can not get an annulment and she can get a green card.

                  I have no idea why you are delaying in getting going with this. Thursday is a week away. Is there a shortage of lawyers in Virginia? Why are you delaying? This is the same story all over again for the 100th time. I bet by Wednesday night, this guy will be in jail, homeless and she will have filed a VAWA petition. Again do not tell her YOUR intention to annul the marriage. It must be kept a surprise.


                  <sigh> I tried; but again to no avail.

                  Comment


                  • #10
                    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">I will contact ICE as recommended. I don't think her original intent to marry was for GC, but I will report my suspicions for the record. Is there any advise against this? </div></BLOCKQUOTE>


                    Hello Tazman

                    Why would you report what you believe to be a lie You have said yourself, that u dont believe she married you for a greencard. it is just not working out and you want out.

                    Your are not eligible for an annulment. there has been no deception and no marriage fraud to prove. it is a matter of irreconcilable differences. end of story.

                    File for divorce with an attorney, and foremost protect your assets. Yes I would remove the monies from the bank before u file for divorce. safe deposit box for the time being.

                    Withdraw the papers filed for her adjustment of status, and the affadavit of support..otherwise you will be on the hook for many years and she may be able to use it to secure spousal support 4herself.

                    When you withdraw the papers, explain the physical aggressions and combative behavior and that you have filed for divorce and wish to withdraw the petitions and affadavit of support. Advise them you will send them final copy of the divorce decree when it is completed.

                    Her status will be terminated and she will receive the termination letter explaining that she will go into removal proceedings .( She will have to leave, as she came in on K1 and cannot marry anyone else to stay without going home first)

                    end of story. dont worry about what uscis will do blah blah. after this her life is not your worry or concern. Dont make your life complicated

                    sorry things didnt work out. and better luck next time.



                    Best wishes.

                    Comment


                    • #11
                      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by tazman14302:
                      My wife came from Vietnam on 10/01/07 with a fiance visa.

                      I married her on November 13 2007 in Arlington County, VA court (civil law)

                      She just completed her biometrics appointment on 1/11/08

                      It will take 90 days to get her work permit.

                      It will take 6 to 8 months for her first green card which should be sometime in late April or to June 08.

                      It's a very volatile marriage and we are completely incompatible! After 3 months of marriage, I'm at my wits end. I want out!

                      I don't think I qualify for anullment of marriage so I'll have to seek legal help.

                      Does anyone know what I have to look forward to in terms of cost, time, and division of property.

                      I want to do this as amicably as possible, but I do expect a fight.

                      Thanks kindly </div></BLOCKQUOTE>
                      If you want an amicable divorce, you simply do a no no fault divorce. But nothing in your post suggests anything of abuse or endangerment to you. If you divorce and you file the petition, she can still obtain the green card as long as the marriage is proven valid and the divorce was not a fault of her. But hey, hwat you care.

                      However, it may also be cultural shock or the fact that she can't work until that employment authorization card comes in. Or it may be that you lied to her.
                      "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

                      Comment


                      • #12
                        The facts demonstrate that it was clearly a case of fraud. I hope this guy is in the lawyers office right now filling out the paperwork.

                        Comment


                        • #13
                          Hudson
                          I did not lie to her, so please suggest that. I came to this forum for your help and I appreciate what you've given me so far. Also read my last post about a volatile situation that occurred two nights ago between her and I.

                          I do believe it's her fault, due to her lack of trust and inability to suppress her anger, but I can't say that I've been a saint either. I just never have been physically aggressive.

                          Right now she sounds calm on the phone, but I won't forget how she physically blocked the door to keep me from leaving. Again see the last post.

                          Thanks much

                          tazman14302

                          Comment


                          • #14
                            Hi SonofMichael,
                            You sound like an experienced, go for the throat kinda lawyer. I can appreciate that and the kick in the pants, but can you just go a little easy on me now. I'm asking for your help not a beating in front of the rest of the folks on this thread.

                            I'm also trying to process all the information I'm getting from everyone. I want to protect myself as well as set this gal straight.

                            Please don't take this the wrong way. I still need your help. I will leave a message with every lawyer I can today.

                            Should I disconnect my phone and internet provider as well as close all my bank accounts? I have a paycheck direct deposit that I can redirect. I though about setting up an account under my mother's name. Does that make sense? I have to somehow continue recieving my federal government check

                            Thanks so much.

                            tazman14302

                            Comment


                            • #15
                              No I am not like that at all. I am saying just protect yourself. It is not going to be a fight; its going to be a war.

                              5 ways to protect yourself

                              1. SECRECY
                              Do not make it obvious that you are going to get an annulment. But do not allow her to deplete your accounts either. Move any money from joint accounts to your own account. Make up some story. Change your Fed payment to your own account. Do not give any access for overdraft on any joint accounts. Change your life insurance to someone else. Do not tell her anything and lie about anything she questions. Tell her its very complicated financial stuff.

                              2. COMPUTER/INTERNET
                              Make up a story to her that your job or whatever requires you to block unauthorized users from using your computer. Promise her that you will buy her own computer in a week.
                              Tell her that you think a land line is a waste of money since you have a cell phone. Promise her that you will buy a cell phone shortly.

                              3. SECRET ANNULMENT
                              There are a million lawyers, if one is not responsive, try another. Get her served with papers asap. Then apologize to her and tell her you had started it when you had a fight but that you withdrew it. Then when the default judgement arrvives in the mail, don't let her see it or know about it. Wait one year at least. Then at the interview you can show USCIS the judgement. And then go home and change the locks. After 1 year she can't do anything.

                              4. S E X
                              Meanwhile make sure she works and take her money. Make her do lots ok kinky stuff in bed. Get lots of photos and videos.

                              5. SECRET BANK DEPOSIT BOX
                              Get a bank deposit box to keep the pictures and videos. Keep all your tax documents, passport, etc in there. Try to start taking her identification papers and all that and keep in bank safe box.


                              I bet when it is all done and said, she may even stay with you greencardless and really love you. Women are wacky that way.

                              Comment



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