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Thread: What happens if divorce decree shows adultery or fruad?

  1. #1
    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. #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. #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. #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. #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. #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. #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. #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. #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. #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.

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