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Thread: Withdrawn I-130 because of Fraudulent Marriage

  1. #21
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by davdah:
    I am being devils advocate here. I certainly am not taking his side, thats for sure. With mental illness there is so much latitude for error since its not an exact science. Even if it can be proven he had it since birth it may not mean much if he can come up with the defense that he didn't know until some time later.

    Something else to consider. They may come back and say a reasonable person would have known of the illness prior to immigration and assume you did. If so, hold you to the I-864 for medical costs etc.

    The point of proving 'willful' is more elusive with this sort of condition. Since its psychiatric he could also say he wasn't of sound mind and was not capable of exercising fraudulent intent due to the illness. In brief, he was crazy and couldn't have reasonably known he was sick or that he was committing fraud..

    This is a quagmire in that if you prove he was crazy he can turn around and use that as his defense. You would need to prove he specifically had that condition before. That he hid it from you and immigration. That the medicine he was taking would render him in a condition of being of sound mind. Since it is banned, that may hurt your case for what ever reason it is. You need to prove he is a crazy con but not so crazy that he didn't know what he was doing. </div></BLOCKQUOTE>

    Interesting Davhad, you said because the prescription medication is banned in America it will hurt my case. Wow!!! What kind of sense does that make? I didn't imported the medication in the U.S. he did, why not criminalize all his illegal actions against me, why not just throw me in jail for life, because of the fraud he committed. Again, I've stated he has admitted under oath in the request for admissions that he has the prescription medication mailed into America for his personal use, and he has admitted that a doctor from his country has prescribed the medication for his use. And you still say he wasn't aware of why he's taking the medication. I think you need medication at this point.

  2. #22
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by davdah:
    LOL, I'm sorry. I think some of what I wrote is being taken out of context. The point I was making about the medicine is this. What can it be prescribed for? This would be specific to his home country. If its only use is for that illness then you can probably make the connection. You would just need to prove it was legitimately prescribed prior to immigration. And that this medicine in the doses prescribed can only be used for this type condition. If on the other hand it has several uses then one of the more benign conditions will be claimed.

    The reason for it being banned should be looked at too. It could be that this medicine brings about illness or exasperates an otherwise hidden condition. In other words it might be argued it caused the condition to one degree or another. Medicine is only banned when there is some very detrimental side affects.

    The other item I was getting at is your knowledge of the condition. At what point did you become aware that he was taking medicine? Before or after. He may, again may, claim you knew all along about it. After all, you are the wife and would probably know of these things. Thereby implicating you in the fraud. Again, this is playing devils advocate. I'm on your side and just pointing out potential arguments to prepare for. </div></BLOCKQUOTE>

    Davdah,

    Hear me clearly!!! We were married for 11 months when I discovered his was psychotic, he went off his medication and had a psychotic episode. I was not aware of his mental illness until the 11th month. Maybe you were there when I knew of his mental illness prior to marriage. My GOd. Please research the name of this drug Penfluridol. Can you tell me whether this medication is for a headache? It's been over 1 1/2 since we've been separated I've researched all information pertaining to my case, and you tell me I knew of his mental illness, had I known I would not have married, sponsored or petitioned for his immigration. For you information, beside studying psychology in college, I wasn't aware of anyone with this disorder. I dont take kind to you saying I knew of his mental illness, when I wasnt aware. I guess you can make your stupid statements and accuse me of knowing, when I didn't. I dont appreciate your stupidity, you can just keep your thoughts to yourself and not comments to this comment. As I've learned more about his mental illness, there is no way I would have married someone with his condition, I dont and didnt have the time and patience to deal with this craziness, With or without your support. I have the Request for Admission answers for my court case discovery, and in his answer he admitted he has not disclosed his mental illness to me, but you tell me I knew of his mental illness. Please tell me or tell my ex when did he disclose his mental illness to me, now that you tell me I knew prior to marriage. Davdah, please come to California to help represent my ex in the family law case, you seem to know more than the both of us, and you obviously know more than what's in the law, or maybe you want to rewrite the California law with your higher knowledge of what the law should be. Maybe you can be appointed by the Bush Administration, with your higher knowledge.

  3. #23
    He's not telling you anything of the sort, Calicowest. He's telling you what your ex and his attorney could possibly use in their defense. You should pay attention as it may well be something you will have to contend with and getting angry won't help.

    As to the 11 month marriage and knowledge of his mental illness, the argument would then be that you presumably didn't meet him and get married immediately, so perhaps some indication of his condition and the fact he was popping pills would have been seen by you.

    Like Davdah in the above, I'm not saying it was. I'm just saying that's what he and his attorney could say.
    **************************************
    The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

  4. #24

    Join Date
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    Originally from: Galaxy of Centaurus A (also known as NGC 5128)
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    Mental illness is the great blessing of the God, who is the lucky one ?
    Have all the good s.ex you can, in all the ways you can, for as long as ever you can !

    -- Sabuntium The Great


  5. #25
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Aroha:
    He's not telling you anything of the sort, Calicowest. He's telling you what your ex and his attorney could possibly use in their defense. You should pay attention as it may well be something you will have to contend with and getting angry won't help.

    As to the 11 month marriage and knowledge of his mental illness, the argument would then be that you presumably didn't meet him and get married immediately, so perhaps some indication of his condition and the fact he was popping pills would have been seen by you.

    Like Davdah in the above, I'm not saying it was. I'm just saying that's what he and his attorney could say. </div></BLOCKQUOTE>
    For you information, concealing a severe mental illness from one spouse in fraud in California, cited by the California Supreme Court. I did not live with my ex before marriage, so how in hell should I've known. I am now in divorce court and my ex's attorney isn't using your lame excuses as his defense. So get it straight before commenting, I'm in the middle of the annullment proceedings, I guess I should know what strategy is being used in his defense, since I'm involved. Maybe you can check the California law that specially states a mispresentation of material facts that goes to the essence of the marital relationship is fraud. Believe it or not!!!

  6. #26
    Penfluridol is a relatively strong antipsychotic, but has some fairly obvious side effects. Did he exhibit any? But regardless, are you saying you were never aware of schizophrenia, even having studied psychology?

    Calicowest, I understand your concern, but you are really behaving very aggressively with other members here. I can't see anything that has been said that was not in support of your case here!

  7. #27
    One important consideration, and I believe California will also uphold this, is that a party wishing to annul a marriage on the basis of fraud, must cease cohabitation upon discovering the fraud, otherwise the claim will not be honoured by the Court. You claim your husband left you after learning that his Green Card application had been approved. If he had his psychotic episodes before you learned the green card had been approved, then you knew of his mental illness, yet remained in the marital homelong enough for him to desert YOU. What does your attorney think your chances are, when you continued to cohabitate AFTER learning of your husband's deception?

    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by calicowest:
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by SAMMY:
    <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? </div></BLOCKQUOTE>

    The evidence I have is in the marriage fraud to support nullity of marriage is his prescription medication for chronic schizophrenia that is mailed by his mother to the U.S. In his request for admissions he has admitted to previous taking the medication, but he says for other reasons, and he has admitted to his mother mailing the banned prescription medication. Of course I'm seeking to get information on his diagnosis from his country of origin. Secondly I was able to get him to see a therapist (not a psychiatrist) who witnessed his psychosis, and the therapist recommended a psychiatric evaluation, however he refused at the advice of this family, he was violent with during his psychosis. On the other hand, my evidence of Immigration marriage fraud is: after discovering his mental illness, I called USCIS and discovered USCIS approved his conditional green card, just one week after his psychotic episode. When I told him about the approval, he told me one of his friends wanting him to apply for his immigration for a price of $1,500, I began to question his thinking and he told me the relationship was over, he withdrew my name from the joint bank accounts, he closed other bank accounts, and just ten days after becoming aware of the greencard was approved he left. Shortly after the marriage one of his friends he brought to our home, told me "he said he married you only for his immigration", he denied it, and I called his ex-wife in his home country, and she too said he told her he said "he married not for love but for his greencard". In my State Misrepresentation of material fact: his concealment of his mental is grounds for annulment. Since, this is fraud this goes to the essence of the marriage, and proves the marriage wasnt bona fide. </div></BLOCKQUOTE>

  8. #28
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by swissnut:
    One important consideration, and I believe California will also uphold this, is that a party wishing to annul a marriage on the basis of fraud, must cease cohabitation upon discovering the fraud, otherwise the claim will not be honoured by the Court. You claim your husband left you after learning that his Green Card application had been approved. If he had his psychotic episodes before you learned the green card had been approved, then you knew of his mental illness, yet remained in the marital homelong enough for him to desert YOU. What does your attorney think your chances are, when you continued to cohabitate AFTER learning of your husband's deception?

    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by calicowest:
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by SAMMY:
    <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? </div></BLOCKQUOTE>

    The evidence I have is in the marriage fraud to support nullity of marriage is his prescription medication for chronic schizophrenia that is mailed by his mother to the U.S. In his request for admissions he has admitted to previous taking the medication, but he says for other reasons, and he has admitted to his mother mailing the banned prescription medication. Of course I'm seeking to get information on his diagnosis from his country of origin. Secondly I was able to get him to see a therapist (not a psychiatrist) who witnessed his psychosis, and the therapist recommended a psychiatric evaluation, however he refused at the advice of this family, he was violent with during his psychosis. On the other hand, my evidence of Immigration marriage fraud is: after discovering his mental illness, I called USCIS and discovered USCIS approved his conditional green card, just one week after his psychotic episode. When I told him about the approval, he told me one of his friends wanting him to apply for his immigration for a price of $1,500, I began to question his thinking and he told me the relationship was over, he withdrew my name from the joint bank accounts, he closed other bank accounts, and just ten days after becoming aware of the greencard was approved he left. Shortly after the marriage one of his friends he brought to our home, told me "he said he married you only for his immigration", he denied it, and I called his ex-wife in his home country, and she too said he told her he said "he married not for love but for his greencard". In my State Misrepresentation of material fact: his concealment of his mental is grounds for annulment. Since, this is fraud this goes to the essence of the marriage, and proves the marriage wasnt bona fide. </div></BLOCKQUOTE> </div></BLOCKQUOTE>

    You are wrong Swissnut, I discovered his psychosis at the 11th month of marriage, his greencard was approved a few days after his psychosis. I called USCIS a week later and discovered it was approved, I asked about revoking because I had just discovered his mental illness, the USCIS reps told me I would have wait until he tries to remove conditions. For your information, we separated 10 days after learning the greencard was approved, and the separation took place just 2 1/2 weeks after I learned of his mental illness. Please explain to me that I cohabited with him for all of the 11 months knowing he had the mental illness? I believe the California Law will uphold that I did not co-habited with my ex knowing the fraud committed against me. Please tell me if your spouse immigrant or not had a medical emergency you wasn't aware of from the on-set on the marriage, would simply abandon your spouse on the drop of a dime, when you discovered they have a medical condition? at the on-set of my ex's condition I wasn't aware of what was happening with him, maybe you understand a mental illness because you have experience with your own family member, but I didn't know what was going on with him, I didnt understand it was fraud until weeks into the medical emergency. Please tell me if you mother or wife/husband had a medical emergency you would just abandon them?

  9. #29
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by calicowest:
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by swissnut:
    One important consideration, and I believe California will also uphold this, is that a party wishing to annul a marriage on the basis of fraud, must cease cohabitation upon discovering the fraud, otherwise the claim will not be honoured by the Court. You claim your husband left you after learning that his Green Card application had been approved. If he had his psychotic episodes before you learned the green card had been approved, then you knew of his mental illness, yet remained in the marital homelong enough for him to desert YOU. What does your attorney think your chances are, when you continued to cohabitate AFTER learning of your husband's deception?

    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by calicowest:
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by SAMMY:
    <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? </div></BLOCKQUOTE>

    The evidence I have is in the marriage fraud to support nullity of marriage is his prescription medication for chronic schizophrenia that is mailed by his mother to the U.S. In his request for admissions he has admitted to previous taking the medication, but he says for other reasons, and he has admitted to his mother mailing the banned prescription medication. Of course I'm seeking to get information on his diagnosis from his country of origin. Secondly I was able to get him to see a therapist (not a psychiatrist) who witnessed his psychosis, and the therapist recommended a psychiatric evaluation, however he refused at the advice of this family, he was violent with during his psychosis. On the other hand, my evidence of Immigration marriage fraud is: after discovering his mental illness, I called USCIS and discovered USCIS approved his conditional green card, just one week after his psychotic episode. When I told him about the approval, he told me one of his friends wanting him to apply for his immigration for a price of $1,500, I began to question his thinking and he told me the relationship was over, he withdrew my name from the joint bank accounts, he closed other bank accounts, and just ten days after becoming aware of the greencard was approved he left. Shortly after the marriage one of his friends he brought to our home, told me "he said he married you only for his immigration", he denied it, and I called his ex-wife in his home country, and she too said he told her he said "he married not for love but for his greencard". In my State Misrepresentation of material fact: his concealment of his mental is grounds for annulment. Since, this is fraud this goes to the essence of the marriage, and proves the marriage wasnt bona fide. </div></BLOCKQUOTE> </div></BLOCKQUOTE>

    You are wrong Swissnut, I discovered his psychosis furing the 11th month of marriage, his greencard was approved a few days after his psychosis. I called USCIS and discovered it was approved, I asked about revoking because I had just discovered his mental illness, the USCIS reps told me I would have wait until he tries to remove conditions. For your information, we separated 10 days after learning the greencard was approved, and we the separation took place just 2 1/2 weeks after I learned of his mental illness. Please explain to me that I cohabited with him for all of the 11 months knowing he had the mental illness? </div></BLOCKQUOTE>

    Hey Calico,

    I'm sorry, but mental illness is not something one can hide. If he was truly mental, it would have come out sooner than later. Were you in any way ignoring that he was mental to save your marriage? We all need to take resposibility when it is due and not pass it off. I can't imagine that a mentally ill person didn't show signs of the problem until after the green card was granted.

  10. #30
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Aroha:
    I'm going to make a recording of you, MIR. That way, you can just push play. Save yourself some typing. </div></BLOCKQUOTE>

    Thanks Aroha . I Might Take You Up on That! . TOLD YOU I NEED VACATION!!!
    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

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