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Thread: USA citizen lies on our visa interview without my knowledge

  1. #1

    USA citizen lies on our visa interview without my knowledge

    Hi,

    I'm an immigrant from Europe who got married to a USA citizen. I had my ESTA, but after We got married in Las Vegas and moved to live to California, we had to do all the legal part into process of getting visa. I married him with good intentions, because I loved him.
    He was nice in the beginning of our marriage, but as time gone by, he became more and more aggressive, controlling and abusive. We lived together and he works here as well (he has private business, a startup), but he had to travel to Houston every 3 days to visit his son from the previous marriage. In mid February of this year we had a visa interview and got the visa right away, but as I found out only now, he was lying on the interview when asked to prove that we are married. He threw me out of our apartment, blocked the electrical keys and after 2 days I got served with divorce papers only 3 days ago. But as I started reading them, found out that papers were filed already in the beginning of January, but never given or shown to me for more then 6 month. Turns out, he applied for the divorce already in December, one day before our wedding anniversary.
    I had no idea he has done that, in the end on our interview (on mid February) he acted as if nothing would have happened. But all the time he knew that divorce was in process. I did all my wife duties, helped him with business deals and investors, went to all the business meetings, babysitted his kid and tried my best to please him. Yet was always wondering how came he got more abusive as from the beginning of this year.

    What can I do? Is it possible to report about his fraud that I had no idea about, and to penalize him?
    And can the divorce be final even if I never got served until 3 days ago. As I said before - that's more then 6 month from the date the divorce papers were filed. I have never signed anything, including the prenuptial agreement. We have none. He filed in Houston, but I have lived in Orange County all this time. His lawyer and he lied that I was never at the address where we lived, which is not true. He always knew where I was and we lived as a married couple together.

    Could you help?
    Thank you

  2. #2
    You didn't lie to immigration or visa officers, and had no reason to believe at the time that he lied. If he lied to the government, that's his problem, not yours. If you are accused of visa fraud or something in the future, you can defend yourself at that time. Right now, you should only deal with the things that concern you.

    Your immediate concern should be the divorce. It is true that there are ways for one party to divorce even if they cannot find or notify the other party. It varies depending on jurisdiction but could involve publishing a notification in a newspaper in the last known place of residence or something. If you were never notified, then that could be what happened. But, if what you said is true, then he should not have been able to use that, because he knew where you were. So maybe he lied to do it or something. Furthermore, I am not sure that filing it in Texas is appropriate. In any case, the important thing is to contact a divorce lawyer to sort this out and protect your rights in the divorce, and reverse any inappropriate steps potentially taken due to his fraud. He has a right to divorce you if he wants, but the point is to make sure you didn't get screwed over with the division of assets, custody, and other things because you weren't represented in the proceedings, and to make sure the proceedings are filed in the right jurisdiction and done properly, etc.

    Also, if he is abusing you, you should protect yourself and move out and find a shelter or other organization that can help you.

    It sounds like you are a conditional permanent resident, since you got your permanent residency based on marriage before you were married for two years. You should have a 2-year green card. You need to file for Removal of Conditions before that 2-year card expires. You can file Removal of Conditions based on divorce. (You can also file based on abuse, but that's harder to prove.) You should file when your divorce is final. Or, if you reach the 90-day window before your 2-year card expires, and your divorce is not final yet, you should also file Removal of Conditions based on divorce, and they will wait for your divorce to finish. Make sure to start collecting as much evidence as possible for evidence of bona fide marriage (e.g. joint financial accounts, things where you put each other as beneficiaries on accounts, joint rental leases, joint vacations, birth certificates of any children you guys had together, and anything else with you guys together) from when you came to the US all the way until now. You will need this evidence in Removal of Conditions, and it may be harder and harder to access such evidence when you guys start fighting over this divorce thing.

  3. #3
    Quote Originally Posted by newacct View Post
    You didn't lie to immigration or visa officers, and had no reason to believe at the time that he lied. If he lied to the government, that's his problem, not yours. If you are accused of visa fraud or something in the future, you can defend yourself at that time. Right now, you should only deal with the things that concern you.

    Your immediate concern should be the divorce. It is true that there are ways for one party to divorce even if they cannot find or notify the other party. It varies depending on jurisdiction but could involve publishing a notification in a newspaper in the last known place of residence or something. If you were never notified, then that could be what happened. But, if what you said is true, then he should not have been able to use that, because he knew where you were. So maybe he lied to do it or something. Furthermore, I am not sure that filing it in Texas is appropriate. In any case, the important thing is to contact a divorce lawyer to sort this out and protect your rights in the divorce, and reverse any inappropriate steps potentially taken due to his fraud. He has a right to divorce you if he wants, but the point is to make sure you didn't get screwed over with the division of assets, custody, and other things because you weren't represented in the proceedings, and to make sure the proceedings are filed in the right jurisdiction and done properly, etc.

    Also, if he is abusing you, you should protect yourself and move out and find a shelter or other organization that can help you.

    It sounds like you are a conditional permanent resident, since you got your permanent residency based on marriage before you were married for two years. You should have a 2-year green card. You need to file for Removal of Conditions before that 2-year card expires. You can file Removal of Conditions based on divorce. (You can also file based on abuse, but that's harder to prove.) You should file when your divorce is final. Or, if you reach the 90-day window before your 2-year card expires, and your divorce is not final yet, you should also file Removal of Conditions based on divorce, and they will wait for your divorce to finish. Make sure to start collecting as much evidence as possible for evidence of bona fide marriage (e.g. joint financial accounts, things where you put each other as beneficiaries on accounts, joint rental leases, joint vacations, birth certificates of any children you guys had together, and anything else with you guys together) from when you came to the US all the way until now. You will need this evidence in Removal of Conditions, and it may be harder and harder to access such evidence when you guys start fighting over this divorce thing.
    Sorry to hear about your situation.

    For starters, you need to look for a divorce lawyer ASAP.
    Second, you need to look at the reason for the divorce. Is it irreconcilable differences (no fault)? Or is he listing something on you at fault, like adultery for instance. If it is a no fault divorce, this would generally have no impact on your immigration since you can explain that you married under true intentions, lived with each other, etc.

    Texas, as well as California are community property states. This means that whatever income he or you earn, it is equally yours. This would include his small business, generally.

    Other than that, move on from him. He is not worth it and it appears he is going back to his ex spouse/girlfriend.
    "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

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