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What happens if divorce decree shows adultery or fruad?

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  • What happens if divorce decree shows adultery or fruad?

    If an alien presents a final divorce decree at an I751 waiver hearing and the divorce decree from USC spouse mentions that the marriage was terminated due to adultery or fraud of USC spouse, since those two items are in the eyes of immigration reasons for inadmissability, would BCIS deny the waiver?

  • #2
    If an alien presents a final divorce decree at an I751 waiver hearing and the divorce decree from USC spouse mentions that the marriage was terminated due to adultery or fraud of USC spouse, since those two items are in the eyes of immigration reasons for inadmissability, would BCIS deny the waiver?


    • #3
      We are going to give you a collective slap. First off, "Fraud" is generally not grounds for divorce. It is not in NYS. It is grounds for an annullment in NYS. Why would the USC commit a fraud ? That makes no sense. AGAIN - at this point you should be focusing on winning the divorce and protecting whatever you can of your assets. Any time WASTED on the immigration matter is benefitting him because you are neglecting what needs to be done. If your house was on fire, would you first worry about getting out of the house or going after the guy that set it on fire ? It reminds me of the movie Titanic. Here the ship is sinking and these two idiots are trying to kill each other over the fat blimpy girl. The ship is sinking and they are obsessed with killing each other. Fortunately they both die but unfortunately someone made a movie about it. You think the big fat blimpo girl would let that skinny guy on the raft with her.


      • #4

        Ok, you have shown me that you have complete contempt for me, but in actual fact I worry aout your state of mind too. Sorry.

        It s not a case of a USC committing fraud...and the fraud I was mentioning here, was economic fraud, not immigration fraud.

        And yes, I do believe the question bears asking, whether or not you do. Sorry, again.

        In my state (no fault), even though one does not have to have grounds to divorce, to answer a petition for divorce, lodged by my alien spouse, I am required to answer. In that answer, I can answer with a mention of the reason I wish for the marriage to be terminated. And if I am not incorrect, I do believe that I can petition that the marriage be annuled due to actions of fraud and adultery of my husband. May not be successful, but in the decree, perhaps such vernacular will be included.

        Sorry, you cannot understand the reason for this post.


        • #5
          It has been a long time since you posted that you were summoned for a divorce and you should have replied by now for fraud or for whatever reason your lawyer advised. I don't know what state you are in so it depends. But why you are asking still is confusing. Not meaning to be contemptuous, but you are digging a hole for yourself.


          • #6

            You know it bothers me that you presume all. Simply put I was served on Oct 18, and have 28days to respnd. That means you do not know what I am doing or when, correct?

            Secondly, why I am digging a whole for myself, by asking anything?


            • #7
              Swiss.... why are you asking this question??????
              You claim to live in a no fault divorce state. these are fault reasons for divorce . Even if you answere in annulment and it is not succesful, a no fault will be granted.

              Now just to answer the question. AS you know if annulment is sucessful citing immigration fraud... it doenst take a rocket scientist.

              If USC had a fault divorce for adultery by the alien. This too is a reason to deny the petition. But again. i cant understand why you are asking becuase u r in the no fault state.


              • #8
                Yes, 4Now, I do live in a "no fault" state, and I posted this hypothetical question, as there may be others who might be in a similar situation.

                Being in a no fault state does mean that there are no grounds needed for a divorce and that can be a problem for anyone faced with such a situation - but as I asked, IF there were a way in which to introduce the adultery and fraud in the divorce decree language in some way or another, would that not foil the spouse's plans to simply march in with a divorce decree at the I751 interview and slip through the system.


                • #9
                  I would caution you that a judge may get annoyed if you start fighting an immigration case in his court room unless that was the grounds for annullment or divorce. If you start playing games like that, he will take his anger out in the form of property disbursement, child custody and alimony. Worse, it is like trying to go on the offensive on two fronts simultaneously. You can not focus your attention on winning a divorce if you are diverting resources to the immigration thing. Immigration will take 2 or 3 years to sort itself out and you have NO idea what the laws will be in 2 or 3 years. How would you feel if you waste all these resources and Congress votes to repeal the entire conditional status ? It seems with all the loopholes that exist for removing conditions that they might as well just repeal it so don't be too surprised. You would at least have SOME justice if you won the divorce and won alimony or damages. Maybe the cost to the fraudster alone would cause him to leave.


                  • #10

                    The idea is to win in the divorce...and by the way, even though the state requires no grounds for divorce, if a plaintiff or defendant in a divorce case can demonstrate adultery, then it is entirely possible that the judge may make some extra consideration to the offended party in the property distribution. Although I am not certain of the exact percentage, it has been mentioned that adultery, if proven in the divorce COULD affect the property distribution as much as up to 20%. If Fraud is introduced in an action, and the party introducing it prevails in convincing the judge, then damages can be awarded too.


                    • #11
                      As I have told you many times before, and you have to stop listening to that Daft Punk song.

                      First, I assume your lawyer told you to withdraw the I751. if he didnt fire him/her

                      Write your letter laying out the facts of why you suspect you were used.. citing you were tricked to sign I751 and that he only came back becuase you answered his divorce action with annulment that you strongly suspect he married you for immigration purposes.

                      What this does is unofficially represent you. Include A# blah blah and copy of notice of action if you have it with correspondence.

                      What this does is represent your side of the case from "immigration standpoint". This stuff goes in the His file. Whoeever is looking thru his file will have to come accross it and deal with it.

                      USICS/aka BCIS/aka INS

                      you say u dont want him slipping thru the have to remember that he will go before the immigration judge only after dealing with BCIS and their reccomendation. This is his right. if BCIS says to deport and he goes before the IJ and the IJ says you can stay..... guess what. he stays. happens more times than you think. End of story.

                      How are you doing Swiss? Im really upset to see these same questions just asked in another form all over the board again. I was thinking you hadnt posted anything for a couple of weeks now becuase this subject was totally exhausted. I was really happy for you and thought you were on your way to healing. Now I sincerely feel sad and disappointed that all of our time on this board and still u r not satisfied... its like we are wasting time answereing the same questions to you over and over. and I know you have every single question u have asked saved and the answers that were given. I know you have reviewed them. becuase you are that kind of person who is very detailed oriented. So thats why I am asking why are you asking these questions all over again???????? And Swiss I know this is personal ques and doesnt belong here but I am sincerly concerned for you becuase you deserve happiness in your life. But since ur in is it possible that this type of behavior actually was the start of the breakdown of your marriage? compulsive behaviour and not actual immigration fraud originally? Some people talk just to hear themselves talk. and those people .. it never even occurs to them that this is the case until someone tells them. Please look to yourself yourself and try to deal with some issues so that your next relationship will be succesful


                      • #12
                        I don't have anything against you....and I will pray for you... May God fulfill all your desires and bring lots of happiness... but did you see other peoples' comment....same like I made.... I didn't offend you...just told in a friendly manner...Wish you all the best.....


                        • #13

                          Now you understand what I was talking about?
                          My prayers goes for her too but it is getting over exhausting the same issues and the same compulsive answers. I agree we are here to learn and to share our experiences 'cause this may help others.
                          I stand by all the members who express their opinions in a respectful manner.
                          God bless you all.


                          • #14
                            Pasha, 4Now and Yoly:

                            Thank you for your concerns...but you need not worry. I received advise some weeks ago with regard to what I should do, and have followed it. I am now tending solely to the matter of the divorce...or annulment, whichever is successful for ME.

                            As to why I am asking questions, well, the simple answer is that IF i had visited this board, say 18 months ago, and read examples of this type of activity, perhaps I would not have considered my husband's plea to repair our I would have been more wise to the "con" trickery which exists in the world.

                            You can all consider me obsessive if you wish...but I am simply posting hypothetical questions - not unlike Pasha, who writes about generalities rather than his own situation...and the reason I do this is to alert others to the possibilities of something like this.

                            I may have been victimized by my spouse, but if information such as what I post could fend off another trickster in the future for some unsuspecting spouse..then it will not have been for naught.


                            I did not say I did not wish him to slip from the judge...I said that with some mention of adultery or fraud in the divorce decree it would that not foil someone's" plans to march in with a divorce decree at an I751 interview (not in front of an Immigration Judge) and slip thru the "system". I, perhaps, may be mistaken, but I was not aware that the interview is conducted before the Immigration Judge...perhaps you could enlighten me.

                            AND NO!!!!!!! for all of you, NO!!!!! I am not responsible for the breakdown in my marriage at all. My spouse was not committed to our marriage, and I was. I do not KNOW IT ALL, and I am perfectly comfortable stating that. I have strong beliefs, and I am perfectly comfortable stating that too. I can admit wrongs, and I am perfectcly comfortable stating that as well. All of you who feel you are justified diagnosing any inadequacies in me, have the right to express your opinions, but that does not mean that you are right.

                            I wonder if you paint with the same brush when considering your own idiosyncrasies. For example, I am quite understanding of the fact that when something is of importance to someone, they tend to focus on it I cannot tell you how many posts I have read by the same people talking and talking about how long this takes and when that will happen. I understand the impatience...I can empathize with those feelings. I don't comment.
                            However, should I post anything, which appears to be another question or an opposing view...then I am ****ed. It appears to me that you are all quite generous in your support, but at times can become quite sanctimonious, as well.

                            Oh, well. to each his own, I say. All I can add at this point, is that I can well understand why people like SAMMY leave this forum. Some of you have a real GIFT of driving people away.


                            • #15
                              Don't turn this around and blame Swissnut for her compulsive behavior or assume it was the cause for her spouse to leave. I understand exactly what she is going through as you see I have the same response. What you see in Swissnut and me is a response to being a victim of fraud. It is not really OCD (Obsessive compulsive disorder) but more like a super hyper vigiliance. I did not have this before and I assume neither did Swissnut. I wish I could get rid of it easily and return to my trusting naive self, but I know I will never be able to. The obsession you witness is not the cause of the fraud, it is the result of it. It is impossible for anyone who was never defrauded in this way to understand it. It is more than a fraud for money, it is a fraud of the human heart and soul.