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Thread: Withdrawn I-130 because of Fraudulent Marriage

  1. #1
    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 While at the Immigration office I asked about the I-864 being withdrawn, and I was told that what I was withdrawing the I-130 is the basic for his greencard approval and only that will cover everything about his greencard.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and sent certified mail to the Lee's Summit, Mo processing office , and to my local Immigration asking the I864 be withdrawn along with the I-130 previously withdrawn.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.

  2. #2
    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.

  3. #3
    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.

  4. #4

  5. #5
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">This is becoming a growth industry. </div></BLOCKQUOTE>

    Bill Gates and Donald Trump might be investing soon!

  6. #6
    Hello Calico

    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.

  7. #7
    4Now,

    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.

  8. #8
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by calicowest:
    4Now,

    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. <span class="ev_code_red"> 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. </span> Please explain. </div></BLOCKQUOTE>


    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.

  9. #9
    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.

  10. #10
    Member
    Join Date
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    Location
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    Posts
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    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by calicowest:

    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. </div></BLOCKQUOTE>

    Care to tell what evidences/proofs do you have about him having committed a marriage fraud?

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