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  • #16
    Here is a suggestion that might make her think,
    during the divorce either in court under oath or have your lawyer do a deposition with a court reporter present recording everything.
    Lawyer asks questions to your spouse regarding the marriage, how you met, the process of you coming over and details about the marriage.
    If she says nothing about fraud all the better.

    If she makes claims of fraud, then pull out the copies of all the legal documents that she signed and gave as supporting evidence for USCIS when you had to get your Green card.
    Lawyer then asks your spouse which is the truth, what she said then or what she said now.
    Lawyer points out that she is under oath and points out the possibility of perjury.

    Having her questioned under oath and recorded during the divorce case can help you later on if she does try and claim fraud with USCIS, as she will find it hard to change her story later on.

    Don't say anything to her, keep it quiet, and get that deposition if possible.
    -----------------------------------------------------------------------------------------------
    God Bless America - God Bless Immigrants - God Bless Poor Misguided Souls Too

    National Domestic Violence Hotline:
    1.800.799.SAFE (7233) 1.800.787.

    Comment


    • #17
      To deport an alien, CIS has to prove its case; it's only during admissibility cases that the alien bears the burden of proof.

      Either way, the "evidence" we talk about here only relates to intent to marry, NOT intent to remain married.

      -THIS IS NOT LEGAL ADVICE-

      Comment


      • #18
        The problem is that immigration fraud is not the same as marriage fraud as observed by many states.

        If you marry your wife to get her money, and let's assume she's rich, that's not immigration fraud, but could be marriage fraud under state law. The courts even recognize that immigration benefits are ALWAYS part of the equation couples consider, but they cannot form the sole basis for entering into the marriage. That's what this is all about, finding out why the marriage was established in the first place, not why it remains in place or if the marriage will eventually end in divorce.

        Immigration fraud is a despicable crime, it's degrading the institution of marriage in order to obtain an immigration benefit. Examples include fixed marriages where the spouses do not even know each other and marriage where the spouses NEVER intend to actually behave like a couple (with all the problems and difficulties marriage usually entails).

        The key question, again, is why they got married, not what happened after that. The courts have said that the evolution of the marriage is only relevant to determine "intent", as Congress has rejected all viability tests, even those explicitly proposed in 1986.

        -THIS IS NOT LEGAL ADVICE-

        Comment


        • #19
          Davdah, in a divorce you have every right to ask about how you met and so forth.
          Having the spouse talk about it under oath is very much evidence for the USCIS if she claims fraud at some point.
          The fraud claim can take a while so gathering any backup for himself now will be a good idea.
          He can use divorce transcripts and so on if it helps a marriage fraud case with USCIS.
          If she says one thing under oath one place then says under oath in another, well she will be caught out with the evidence.

          Divorce and immigration do kind of come together too, as often in this case his wife, she will try and tell the judge in the divorce court that he defrauded her, hoping for sympathy and so on.
          If they have an opportunity to tell the divorce court they will, even if it has nothing to do with the divorce.
          What she says in that court, could help him later on.
          -----------------------------------------------------------------------------------------------
          God Bless America - God Bless Immigrants - God Bless Poor Misguided Souls Too

          National Domestic Violence Hotline:
          1.800.799.SAFE (7233) 1.800.787.

          Comment


          • #20
            She can cry to a judge about how this guy was insensitive or even abusive, but if the testimony does NOT relate as to why they got married, it's irrelevant to CIS.

            -THIS IS NOT LEGAL ADVICE-

            Comment


            • #21
              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Houston:
              The problem is that immigration fraud is not the same as marriage fraud as observed by many states- </div></BLOCKQUOTE>

              And immigration fraud does not have to be committed by two parties that are complicit, either. There are plenty of people that have been victimised by aliens whose only interest was to gain PR in the USA. Oftentimes, the USC may be one of the last to know!

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              • #22
                Your wife needs to file an annullment based on marriage fraud and send that to USCIS. Marriage Fraud can be found at anytime, even after getting a permanent green card. It is difficult, but not impossible.
                These people stop at Nothing !

                Death to IMBRA AND VAWA !

                God Bless America and no one else !!!

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