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I married an Australian gentleman in mid-December----he had only gotten into this country on November 30th---he was here on a medical visa and I never knew about the 30/60 rule. I am now facing having to end this marriage as this gentleman turned out to be someone so totally different from the man I corresponded with for quite sometime beforehand. I am wondering #1 if this marriage might not even be valid due to the 30/60 rule and #2 If an anullment would be applicable due to fraud and desertion (he is back in Australia) and #3 does anyone know how much this process costs---I know he would be cooperative if he is needed in the process. and lastly, I found out his visa expired in May and he left just last week---he tampered with his passport and 'lost' his stamp with the expiration date so he could return to this country whenever he wishes again---also...women beware...he is already posting for a new mate on dating websites---he is an Aussie with cancer and MANY other issues...
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I married an Australian gentleman in mid-December----he had only gotten into this country on November 30th---he was here on a medical visa and I never knew about the 30/60 rule. I am now facing having to end this marriage as this gentleman turned out to be someone so totally different from the man I corresponded with for quite sometime beforehand. I am wondering #1 if this marriage might not even be valid due to the 30/60 rule and #2 If an anullment would be applicable due to fraud and desertion (he is back in Australia) and #3 does anyone know how much this process costs---I know he would be cooperative if he is needed in the process. and lastly, I found out his visa expired in May and he left just last week---he tampered with his passport and 'lost' his stamp with the expiration date so he could return to this country whenever he wishes again---also...women beware...he is already posting for a new mate on dating websites---he is an Aussie with cancer and MANY other issues... -
Hello birdie
I am of course assuming that you have not filed any paperwork for his conditioanl green card.. is that correct? If you did however, just write letter to withdraw paperwork if they have not yet been approved.
Your marriage being valid has nothing to do with a 30/60 rule.. I assume you are referring to getting married before 60 days on entering country. Married is married for purposes of being married... not immigration purposes.
I do not see any references that would make this marriage eligible for annulment. Did he misrepresent himself/lie to you about major things ie. having children/being sterile?
Did he tell you he married you solely for the purpose of getting green card?
3. cost.. it is all going to depend on what state you are in and what type of divorce that state allows.
Easy way out...time & expense if he will cooperate, and your state has consentual no fault divorce. do a do it yourself divorce and be done.
Sorrry for your experience. let it go , and be more careful in the future for this type of person.
Best wishesComment
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The 30/60 "rule" is nothing but a procedural guideline of DOS on when and why to request an advisory opinion related to possible cases of misrepresentation; internal DOS procedures are not binding upon CIS. Look at the history of this rule and you'll understand why it was implemented and what kind of situations it was designed to address.
Because he left and didn't file any application, it would appear there's not really a lot to talk about from the immigration point of view.
If you have questions you should contact a lawyer, this is not legal advice.Comment
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Thanks so much for the information--I will be proceeding with the annullment at this point---thankfully I did not file any paperwork for the conditional green card---I did find out that he tampered with his VISA stamp on the way out of the country though (His medical visa expired in May and he didn't renew) he 'lost' it intentionally...
Thanks again for the information. I appreciate this forum being available and am learning lots from others experiences.
Peace.Comment
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Hi Birdie
Annulment? On what grounds?
AS I explained, from your post , I did not read anything in your post that met the criteria for annulment. but perhaps you did not make us privy to all the info.. and thats no problem.
Just dont want you spinning wheels/wasting time and money.
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