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Results 1 to 5 of 5

Thread: Abuse Excuse Abuse

  1. #1
    Guest
    Maybe someone here may have an answer about this.

    US Citizen goes to foreign country to marry 1st cousin, who has multiple entry visitor visa. They come back to US, separately. She does not disclose at airport she is married (and perhaps voided her visitor visa).

    Woman's family pressures US citizen to have court marriage to expedite her immigration process. They get court marriage in Illinois. Immigration papers are filed based upon Illinos marriage.

    She gets conditional greencard. After 2 years, she suddenly files for divorce (based upon the Illinois marriage, not mentioning the original marriage) and to avoid need of US citizen, claims to be "abused and battered spouse" after finding out that is the only way to do this.

    However, US citizen finds out Illinois prohibits 1st cousin marriages and counter files annulment instead (and discloses initial marriage ceremony in foreign country). Judge rules marriage should be invalid or annulled, but delays entry of judgment to sort out financial issues. Meanwhile, woman processes greencard and abuse excuse waiver, probably submitting false information and probably NOT disclosing marriage is being annulled.

    So, does the marriage being annulled make the whole abuse excuse moot and mean she doesn't get away with the scam? Does she get deported? Did she violate immigration law when she entered in the first place?

  2. #2
    Guest
    Maybe someone here may have an answer about this.

    US Citizen goes to foreign country to marry 1st cousin, who has multiple entry visitor visa. They come back to US, separately. She does not disclose at airport she is married (and perhaps voided her visitor visa).

    Woman's family pressures US citizen to have court marriage to expedite her immigration process. They get court marriage in Illinois. Immigration papers are filed based upon Illinos marriage.

    She gets conditional greencard. After 2 years, she suddenly files for divorce (based upon the Illinois marriage, not mentioning the original marriage) and to avoid need of US citizen, claims to be "abused and battered spouse" after finding out that is the only way to do this.

    However, US citizen finds out Illinois prohibits 1st cousin marriages and counter files annulment instead (and discloses initial marriage ceremony in foreign country). Judge rules marriage should be invalid or annulled, but delays entry of judgment to sort out financial issues. Meanwhile, woman processes greencard and abuse excuse waiver, probably submitting false information and probably NOT disclosing marriage is being annulled.

    So, does the marriage being annulled make the whole abuse excuse moot and mean she doesn't get away with the scam? Does she get deported? Did she violate immigration law when she entered in the first place?

  3. #3
    Guest
    An anullment makes the marriage non-existant. The abuse opens the US citizen up to civil action, but doesn't help the cousin.

  4. #4
    Guest
    It's extremely tough to get a green card based on abuse. There has to be solid proof that this has occured. I am not lawyer, but if a marriage is annulled it is as if it never happened. If a marriage never happened, ya can't apply for anything based on marriage. She has a long tough road ahead of her. She could however remarry immediatly and get her green card that way since she did not come in on a K visa. She does have options. He would do better to just forget about her and move on. There is not really much he can do about her at this point.

  5. #5
    Guest
    Sounds like the woman used the abuse excuse for fraudulent reasons. If she did not disclose to the INS her marriage was being annulled, then even if she successfully got her greencard and citizenship, that could come back to haunt her from what I know.

    I think it is Section 216 or something that says the abuse and battered spouse excuse does not apply if the marriage is "judicially annulled."

    Also, the initial entry to the US on a multiple-entry visitor visa and not disclosing she was married could come back to haunt her, too.

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