Announcement

Collapse
No announcement yet.

Annulment/Divorce

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Annulment/Divorce

    I had filed for annulment based on marriage fraud and got a default judgement which was later over-turned after a motion to dismiss the default judgement. Now my case is going through the Case Management Conference stage and possibly discovery. Can anyone please shed some lights on what is expected at a case management conference. Thanks.

  • #2
    I had filed for annulment based on marriage fraud and got a default judgement which was later over-turned after a motion to dismiss the default judgement. Now my case is going through the Case Management Conference stage and possibly discovery. Can anyone please shed some lights on what is expected at a case management conference. Thanks.

    Comment


    • #3
      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by kmail22:
      I had filed for annulment based on marriage fraud and got a default judgement which was later over-turned after a motion to dismiss the default judgement. Now my case is going through the Case Management Conference stage and possibly discovery. Can anyone please shed some lights on what is expected at a case management conference. Thanks. </div></BLOCKQUOTE>
      Discovery! . Divorce And been Done With It Accepting The loss Easier And more Swift! I Feel For You!!! So Much $$$$$$$ Wasted!!!! And TIME! Stress! Etc! The System Needs Repair!
      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 y

      Comment


      • #4
        Since the girl was in OR with her aunt and uncle and we in California, we simply did a conference call during which she made her demands and we asked for our things back. whatever was settled and not settled was passed on to the judge. There really wasn't much in dispute because all property and financial stuff was under my parents names. After which point the judge ordered a speedy trial during which my brother and his x-wife only testified. We has affidavits, records, pictures everything to counter act everything she said. She was caught in a lot of lies. And don't forget she is under a conditional GC. She will need to prove some sort of abuse so watch out

        Comment


        • #5
          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by didiwnofx:
          Since the girl was in OR with her aunt and uncle and we in California, we simply did a conference call during which she made her demands and we asked for our things back. whatever was settled and not settled was passed on to the judge. There really wasn't much in dispute because all property and financial stuff was under my parents names. After which point the judge ordered a speedy trial during which my brother and his x-wife only testified. We has affidavits, records, pictures everything to counter act everything she said. She was caught in a lot of lies. And don't forget she is under a conditional GC. She will need to prove some sort of abuse so watch out </div></BLOCKQUOTE>

          I Know The Deal! . I Can Only Hope Others Will Fair Better? To All victims, I Wish You The Very Best outcome with Minimal Psychological, $$$$$$$$, And Physical Loss!!! My Best To You All!!!! . Many Here Can Contribute Useful Info. Patience!
          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 y

          Comment


          • #6
            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by kmail22:
            I had filed for annulment based on marriage fraud and got a default judgement which was later over-turned after a motion to dismiss the default judgement. Now my case is going through the Case Management Conference stage and possibly discovery. Can anyone please shed some lights on what is expected at a case management conference. Thanks. </div></BLOCKQUOTE>
            I think didiwnofx is confused with arbitration. Basically CMC is a preliminary hearing to determine whether a quick resolution to divorce can occur or whether division of property, child custody, and other issues may need to be resolved. It will only be the judge, you, and your estranged wife, along with any lawyer that might represent you or your estranged wife. It is a short meeting and not lasting no more than an hour.
            "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


            • #7
              Make sure you show them the law about VAWA and the marriage fraud law that has a $250K penalty. Tell them your intention to change the papers to include this statutory amount of damages. If the government is entitled to it so are you. Keep the pressure on her; do not back down.

              Comment


              • #8
                Hi SOM,

                Please where can I see the marriage fraud that has a $250K penalty so that I can reference it.

                Comment


                • #9
                  http://www.usdoj.gov/usao/eousa/foia...9/crm01948.htm

                  1948 Marriage Fraud"”8 U.S.C. § 1325(c) and 18 U.S.C. § 1546
                  Marriage fraud has been prosecuted, inter alia, under 8 U.S.C. § 1325 and 18 U.S.C. § 1546(a). The Immigration Marriage Fraud Amendments Act of 1986 amended § 1325 by adding § 1325(c), which provides a penalty of five years imprisonment and a $250,000 fine for any "individual who knowingly enters into a marriage for the purpose of evading any provision of the immigration laws." Under 8 U.S.C. § 1151(b), "immediate relatives" of U.S. citizens, including spouses, who are otherwise qualified for admission as immigrants, must be admitted as such, without regard to other, ordinary numerical limitations. The typical fact pattern in marriage fraud cases is that a U.S. citizen and an alien get married. They fulfill all state law requirements such as medical tests, licensing, and a ceremony. But the U.S. citizen is paid to marry the alien in order to entitle the alien to obtain status as a permanent resident of the United States; the parties do not intend to live together as man and wife. A legal issue arises where the parties tell the INS they are married, and they subjectively believe they are telling the truth because they have complied with state marriage requirements. The Supreme Court has ruled that the validity of their marriage under state law is immaterial to the issue of whether they defrauded INS. See Lutwak v. United States, 344 U.S. 604 (1953). Lutwak was followed in United States v. Yum, 776 F.2d 490 (4th Cir. 1985); Johl v. United States, 370 F.2d 174 (9th Cir.1966), and Chin Bick Wah v. United States, 245 F.2d 274 (9th Cir.), cert. denied, 355 U.S. 870 (1957). But see, United States v. Lozano, 511 F.2d 1 (7th Cir.), cert. denied, 423 U.S. 850 (1975); United States v. Diogo, 320 F.2d 898 (2d Cir. 1963). But cf, United States v. Sarantos, 455 F.2d 877 (2d Cir. 1972).

                  There have been situations where a bona fide marriage turns sour but the alien induces the U.S. citizen spouse to maintain the marriage as a ruse only as long as necessary for the alien to obtain status as a permanent resident alien. There is a line of cases holding that the viability of the marriage, if initially valid, is not a proper concern of the INS. United States v. Qaisi, 779 F.2d 346 (6th Cir. 1985); Dabaghian v. Civilleti, 607 F.2d 868 (9th Cir. 1979), and cases cited therein. However, the Immigration Marriage Fraud Amendments of 1986, 8 U.S.C. § 1186a, were designed, inter alia, to eliminate the Qaisi type loophole by establishing a two-year conditional status for alien spouses seeking permanent resident status, and requiring that an actual family unit still remain in existence at the end of the two year period.

                  Comment


                  • #10
                    This is the statutory penalty for the government. Ask the court to "borrow from the statute" to determine appropriate damages. Use those exact words "borrow from the statute" and reference this cite.

                    http://www.usdoj.gov/usao/eousa/foia...9/crm01948.htm

                    This has never been done in the immigration contect but I believe it has in others. I am researching.

                    Comment


                    • #11
                      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by SonofMichael:
                      http://www.usdoj.gov/usao/eousa/foia...9/crm01948.htm

                      1948 Marriage Fraud"”8 U.S.C. § 1325(c) and 18 U.S.C. § 1546
                      Marriage fraud has been prosecuted, inter alia, under 8 U.S.C. § 1325 and 18 U.S.C. § 1546(a). The Immigration Marriage Fraud Amendments Act of 1986 amended § 1325 by adding § 1325(c), which provides a penalty of five years imprisonment and a $250,000 fine for any "individual who knowingly enters into a marriage for the purpose of evading any provision of the immigration laws." Under 8 U.S.C. § 1151(b), "immediate relatives" of U.S. citizens, including spouses, who are otherwise qualified for admission as immigrants, must be admitted as such, without regard to other, ordinary numerical limitations. The typical fact pattern in marriage fraud cases is that a U.S. citizen and an alien get married. They fulfill all state law requirements such as medical tests, licensing, and a ceremony. But the U.S. citizen is paid to marry the alien in order to entitle the alien to obtain status as a permanent resident of the United States; the parties do not intend to live together as man and wife. A legal issue arises where the parties tell the INS they are married, and they subjectively believe they are telling the truth because they have complied with state marriage requirements. The Supreme Court has ruled that the validity of their marriage under state law is immaterial to the issue of whether they defrauded INS. See Lutwak v. United States, 344 U.S. ). Lutwak was followed in United States v. Yum, 776 F.2d 490 (4th Cir. 1985); Johl v. United States, 370 F.2d 174 (9th Cir.1966), and Chin Bick Wah v. United States, 245 F.2d 274 (9th Cir.), cert. denied, 355 U.S. ). But see, United States v. Lozano, 511 F.2d 1 (7th Cir.), cert. denied, 423 U.S. ); United States v. Diogo, 320 F.2d 898 (2d Cir. 1963). But cf, United States v. Sarantos, 455 F.2d 877 (2d Cir. 1972).

                      There have been situations where a bona fide marriage turns sour but the alien induces the U.S. citizen spouse to maintain the marriage as a ruse only as long as necessary for the alien to obtain status as a permanent resident alien. There is a line of cases holding that the viability of the marriage, if initially valid, is not a proper concern of the INS. United States v. Qaisi, 779 F.2d 346 (6th Cir. 1985); Dabaghian v. Civilleti, 607 F.2d 868 (9th Cir. 1979), and cases cited therein. However, the Immigration Marriage Fraud Amendments of 1986, 8 U.S.C. § 1186a, were designed, inter alia, to eliminate the Qaisi type loophole by establishing a two-year conditional status for alien spouses seeking permanent resident status, and requiring that an actual family unit still remain in existence at the end of the two year period. </div></BLOCKQUOTE>

                      Should Have been 5 YEARS!!!! Not a Measley 2!
                      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 y

                      Comment


                      • #12
                        Thanks

                        Comment


                        • #13
                          You want to borrow the penalty in a civil case from Federal law .

                          Here a state case is borrowing the statute of limitations from Federal law:
                          http://www.projectposner.org/case/1990/908F2d1385

                          " "When a rule from elsewhere in federal law clearly provides a closer analogy than available state statutes and when the federal policies at stake and the practicalities of litigation make that rule a significantly more appropriate vehicle for interstitial lawmaking", DelCostello, 462 U.S. at 171-72, quoted in Agency Holding, 483 U.S. at 148, it is appropriate to select a federal statute of limitations."



                          I have seen cases where they "borrowed" the "standard iof care" and borrowed the statute of limitations. I have yet to find where they borrowed a fine, but this is an exciting and novel idea. Since the damage to you is inmeasurable, the federal penalty would be the standard to apply. If the Federal Govrnment feels it is worth $250K, then this is the appropriate argument to make.

                          Comment


                          • #14
                            I am a young puertorrican women that fall in love with an imigrant, we was dating for almost a year when I found out that he had problems with his visa, and he was about to be deported. I was so in love that I agreed to marry him right away so he dont have to leave the country.
                            He was the perfect man, and I saw a bright future together. After the first interview everything changed. We only been married for 6 months, he's been sleeping out of the house at least twice a week, a found out about many many lies, I dont recononized him as the man I married.
                            I strongly suspect that he made me fall in love with him to stay in this country and I have proof of his lies. I want to get a divorce but I am a hardworking mother and I dont have the time or money to deal with this situation, plus I am devastating because I never though that this could ever happen to me.
                            I want to end this marriege as soon as posible, I feel so used and heartbroken. Can he be responsible for paying for a divorce lawyer?? another question, I was in a long process of buying the house I was renting for the last 3 years, I finally got my house right after we got married, I been saving for 3 years to buy this house, and he haven't give me not a pennie for it, does he have any type of ownership over my house even though he is not in the deed??
                            I feel very sad, and I dont know what to do, or where to start. Can somebody please advise

                            Comment


                            • #15
                              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Ary PR:
                              I am a young puertorrican women that fall in love with an imigrant, we was dating for almost a year when I found out that he had problems with his visa, and he was about to be deported. I was so in love that I agreed to marry him right away so he dont have to leave the country.
                              He was the perfect man, and I saw a bright future together. After the first interview everything changed. We only been married for 6 months, he's been sleeping out of the house at least twice a week, a found out about many many lies, I dont recononized him as the man I married.
                              I strongly suspect that he made me fall in love with him to stay in this country and I have proof of his lies. I want to get a divorce but I am a hardworking mother and I dont have the time or money to deal with this situation, plus I am devastating because I never though that this could ever happen to me.
                              I want to end this marriege as soon as posible, I feel so used and heartbroken. Can he be responsible for paying for a divorce lawyer?? another question, I was in a long process of buying the house I was renting for the last 3 years, I finally got my house right after we got married, I been saving for 3 years to buy this house, and he haven't give me not a pennie for it, does he have any type of ownership over my house even though he is not in the deed??
                              I feel very sad, and I dont know what to do, or where to start. Can somebody please advise </div></BLOCKQUOTE>


                              Start A New Topic/Thread. More Will See That Way.
                              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 y

                              Comment



                              Working...
                              X