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I-751, Pending Divorce, Affidavit of Support

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  • I-751, Pending Divorce, Affidavit of Support

    asdfasdfasdfasdfsad
    Last edited by DoctorAndLawyer2B; 10-07-2014, 04:12 PM.

  • #2
    Let's clear up some facts first.

    A divorce or an annulment of marriage does not exonerate you from the obligations of the I864. Either way, divorce or annulment, your spouse could still petition to remove conditions from the green card by filing a waiver of the joint requirement to file an I751.

    The deadline for filing the I751 (either jointly or by the alien alone as a waiver) is any time from the 90th day prior to the expiry date of the conditional green card. June 17th you say is the deadline. Is that the date the green card expires?

    The only way you can extricate yourself from the Affidavit of Support I864 is to make a report of fraud and hope that any waiver she files is denied. With the denial of the I751, the I864 falls.

    If your spouse leaves the country and does not make an attempt to preserve her permanent residency, she will lose her PR and your I864 obligation will be satisfied.

    If she misrepresented her ability and interest to have children, that might be grounds for annulment of the marriage, aside from the matter concerning your allegations of immigration fraud.
    The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

    Comment


    • #3
      I hear much here and elsewhere about women being the victim, but I am here to tell you "Men" too are victims and in my case I am trhe victim of Green Card Marriage Fraud, whcih has not only destroyed everything I worked to accomplish for almost 4 years, but may well be the death of me, as it has ripped out my heart and soul.

      In early Sept 2002 I began emailing to a beautiful Belarussian widow who said she was coming here to California to visit on a B-2 Tourist Visa. I later found out it was not Oksana I was communicating with, but her girlfriend and orchestrator of their plan "Sveta". I was later told that I was one of 20 dates Sveta had arranged, but that it was Sveta's idea, not hers, that she had a son waiting for her in Belarus

      Anyway, I met then Oksana in early Oct 2002..took her to dinner and although she spoke next to no English, I was smitten, the moment I touched her hand...I remember the very moment I began to love her. Days and a few weeks went by, we saw each other and talked using the translator on my computer. She told me she loved me, wanted to be with me, to marry me and build a life with me, but I had to make up my mind because otherwise, she had to go with friends to Colorado. I have never had a Visa or been out of the USA and certainly new nothing about the immigration process. All I knew was that I believe God had sent her to me and that after all the loss and hurt in my life, that I was being given a chance to start a new life with a wonderful woman like no other I had ever seen or been with.

      She moved in with me in late October 2002 and we began the grueling immigration process...I did all the documents, beginning with getting her Visa extended and in May 2003 we were married. I was not and am not a rich man...money was tight but I managed to start giving her money ($3-400 a month) to send home for her parents, who were taking care of her son while we went through the process of getting her legal and bringing her son her to join us in our new life together. Gifts for friends and family, money to girlfriends in trouble back home, phone bills, clothes, things, going to parties at her friends from Belarus...all this and more and more and more I did for her and while I did complain from time to time because it was all on me and she could not work, I did because I loved her and felt I owed her everything I could do because she had chosen me, to be with me while her son waited for us in Belarus. I was her husband...my life's blood is hers...even now a part of me feels that.

      So time passed and during the 3.3 years that we were married I took her to school to learn English, paid for driving lessons to learn to drive and bought her a car, helped her get her Real Estate License, establish credit in her own name and so many other things that a husband should do for his wife...whatever she wanted and needed, not least of this being doing all the immigration documents, fees and all the things a Sponsor must do to get his wife and her son legal in the USA, including paying for her to go home to visit, even though I went further and further into debt and often felt used and taken advantage of like some kind of mule she was riding up the hill. This was okay, I only complained a little..it is how it is for us men..our women want and need and Must Have..as mine put it and making sure she got what made her happy was more important than my having things like clothes and finishing getting my teeth fixed.. I wanted her to have better and to be proud of me and to be her White Knight. Never doubt me when I say how I grew to love her more and more. It blinded me to her use and abuse...it blinded me to her going to Vegas with her girlfriends and the phone calls that included to Russian men she said were just friends. She said she loved me and would never betray me and I thought everything would get better when her son got here.

      So finally in Nov 2005, we got her son approved and she went to get him in December. I spent Christmas alone but felt good knowing my wife and son would soon be with me and we would get on with our lives. They arrived the 1st of January 2006. The boy was shy I thought and this being a new environment with a new home and stepfather, I tried to spoil him and draw him close. He wanted computer, I got it for him, he wanted and IPod, I got it for me..his own room was waiting..I even bought him a really nice bike he rode maybe 10 times. Enrolled him in school and was there as a father should be when another boy stole his IPod and I got it back for him. I have a daughter from a previous marriage..she too was thrilled thinking she would have a brother and I tried taking us to do fun stuff like going to ride Go Carts and Skating and Bowling, but the boy was always distant, would never really join in...he mostly wanted to hid in his room on the compuer..his My Space. But I accepted this and that with time he would and we all would find our way. I didn't know it then but he knew what his mother was planning.

      Summer School came and because there was no bus, I picked him up everyday..him and his new friends. Money was tight but we were making it and I felt everything was going to be alright with time. Yes it bothered me he wouldn't talk much to me and the last day of Summer School was no different..I thought.

      In late June 2006 we went for our 2 year interview at BCIS to remove the conditions to/for her Permanent Green Card. It was a great day, we told each other we loved each other and would stick together through thick or thin and make our lives work. If there was anything wrong, she didn't say so and certainly said nothing at the interview, which we got through with no problems.. we make a great couple..at least I thought so.

      On August 4, 2006, I picked the Boy up from his last day of Summer School, dropped him off and went to work. Later, I came home from work about 8:30pm. Aksana (we changed her name from Oksana to Aksana) had dinner ready, we ate and everything seemed to be fine. The boy even ate with us, although he often ate earlier or wanted to eat in his room and watch TV..I had even gotten him the Sports Channels because he's such a sports fan.

      Aksana did seem in a hurry to get done with dinner..I told her, hold on Honey, I am not done yet. Anyway, we finished, she did the dishes and said, let's go to bed and watch a movie. I had been having a serious tooth ache and between the pain pills and being tired from work, it sounded like a good idea. I don't remember what we watched, I fell asleep within minutes.

      Then about 2am I woke up to see she was up. I asked "What's wrong honey..said, I have a stomache ache..I asked do you want me to get something for you..my tooth hurts too and I will get us both something..she said no and I layed back down. A few moments later she was their on the edge of the bed with a glass of water...she said here. And told me they ware sleeping pills to help me sleep. I am not sure where she got them, I suspect Sveta gave them to her to give to me. My last words were "Thank you baby for being so sweet to me" and I fell back to sleep.

      In the morning I woke, she was not there but I didn't think anything of it until I went in the living room and saw stuff from our SUV on the floor..an SUV she talked me into buying a few months before and which I traded our car in for. We put it in her name to further establish her credit..I thought.

      Anyway, suddenly I am calling out Aksana..Aksana...I go look in the boys room, all his stuff is gone, his computer is gone, all her stuff is gone, they are gone, including stranding me because she took our only car. I call her again and again on her cell phone, but no answer. Call her friends.... they know nothing but the cell phone bills show dozens of calls before and after to her network of friends. Dozens of calls from Sveta that night as she packed to run.

      I was hysterical...weeping..crying..crying out...panicked , not understanding what happened and why. I later found out that she had gone and closed our joint account at the bank and basically left me broke, broken, stranded without a word from her. I called everyone and they began not answering as they were told not to by Aksana.

      Later that week the leasing officed called me saying she wanted off the lease and as the days and weeks progressed I received one notice after another saying she had moved her accounts to Sveta's husband (the ex-****o attoney office..he was the facilitator of this plan..the money). I am so stupid that I suspected nothing when the Boy asked for bland CDs, but later found he had wiped all information off the other computer in our bedroom that Aksana used to further cover their tracks. And of course, she took every Immigration Document, our all copies of our Marriage Certificate, my birth Certificate and documents I don't even know about because I let her pay the bills (I gave her the money for). The list is so long, I don't even know how deep, dark, well planned and for how long "they" were preparing for this. She even took my jewelry along with all the jewelry I bought for her.

      I called and called and wrote emails, begging her to talk to me. Yes I cried and am still crying. For my birthday on August 18th I got a birthday card from Aksana that only said "Good Luck" Aksana, Yan. Then in my mail box there was a note that said:
      Quit calling me
      Quit calling my friends
      Quit calling my family
      I am filing for divorce
      My representative will be in contact with you
      Aksana

      Then on the day after my birthday, the was a knock on the door, I was served with divorce papers stating she wanted a divorce for Irreconcilable Differences, that she wanted Spousal Support, for me to pay her attorney and to pay all her credit cards and for her car. I couldn't work and thank god for my friends who loaned me money to pay the bills and get another car. I even put money in her account for 3 months from that borrowed money because I didn't want to believe what everyone was saying and that she was done with me. I wanted to believe I had done something..that it was all my fault and that my precious Aksana would come back to me if I fixed whatever was wrong...whatever I did to make her do this.

      Now, 4 months and 5 days later, I still sleep on the couch because I have nightmares and wake thinking she is there or worse. Yes I weep everyday..I have no choice, I have to get the pain out in order to just breath and yes, I have thought about dying because my life seems over, but I can't give up, I have a daughter who my death would devastate.

      She has never spoken to me since, never answered my many calls to her cell phone or even returned the call from the Priest at the church we went to once. Wouldn't call my brother back, wouldn't talk to anyone, especially me and to this day I have no explanation of why she has done this except her actions.

      I have heard she and the boy are now living in Laguna Beach with her friend and co-conspirator Sveta, that she is going out and having fun while her Atttorney,,the ex roommate of Sveta's husband prepares their next attack upon me.

      I don't have the money for an attorney. I am living on borrowed money even now while I try to find my way moment to moment, day to day and make up my mind to live.

      I paid document preparer to prepare my Response to her divorce petition where I contested her request of Spousal Support, Attorney Fees and for me to pay her credit cards which are mostly her trips and of course the Jeep she has.

      I feel sure she has now killed whatever love she may have had for me enough now that she will proceed to finishing murdering me and our marriage. Yes, I did call BCIS and tell them what happened but they don't care and won't until she begins what I expect will be her attempt at benefits, which of course I will be held accountable since I was the Sponsor.

      I am being told to Amend my Response quickly. To ask for an Annulment of the marriage based on Fraud, that she married me to get a Green Card, but here is the sickest part, I still love Aksana and yes..the Boy, who I see on My Space dressed like a hoodlum Rapper with a mask on saying United States F--- You. He has even erased any comment that he was once in Riverside, but had come straight from Belarus to Laguna Beach.

      I know Sveta is busy introducing her to rich men and Aksana is busy looking for a man to give her everything she wants and I could not give her. Maybe I should take out a life insurance policy and go drown in the pool, as there is no one out there to hear me, let alone help me, but at least God and the few who read this will know what happened to this foolish man who thought he could find happiness with such a woman. Hell, I don't even have many friends left, since all my friends were her Russian friends who I am now being shown were never my friends...they just ate my food and accepted presents and were part of my life while Aksana was working her way through her plan.

      There is no doubt that this that has been done to me is nothing short of murder. That only the same kind of heart that would murder a spouse that they claimed to love, would do what has been done to me. I also see there really is no justice in the world or at least don't know where to turn for it.

      That is my story and it's not over. I forgot to mention that Aksana left me on the morning of August 4th and while she thought it was already approved when she left, it was not issued until the 26th of August, which by the way I forwarded to her and I even took her the rest of her clothes. I know already... I am a fool but a love sick fool who really wanted to win her back.

      Is there anyone out there that can help me?

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