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  • #31
    ARQU you are in a David VS Goliath situation. i would not take gambles as you seem to be doing. Why did you allow/initiate divorce when you know you have your CPR pending?

    Whatever the reason is, I would have put it off until it was convenient to do so. Call me anything, but the saying goes playing safe is not cowardice.

    Anyhow, I have a feeling you will be approved on the I751 without interview coz you seem smart and you have included all the paperwork to evidence the marrige.

    But what will happen if they give you PR then realize that you were divorced at the time you got approved on the I751? Do they look at stuff like that?

    Comment


    • #32
      Josto - I had no choice when she became pregnant unless I wanted to be that child's father. I moved out, she filed... Besides, you can tell me after you are all done if it was worth putting your entire life on hold for a few years and stay with someone who you cannot stand to be near... I am actually very happy with my life right now - something that was missing for a long time...

      BTW - I will have a lawyer familiar with my case standing by if the GC is not issued. The consultations I have had so far have not shed any additional information so far. However, once I find one that seems to know more about this type of situation, they will be retained if necessary.

      I don't think I am gambling at all. I alluded to the fact that I have other options. I have opportunities in different countries than the US. I live here because I choose to. I lived here legally before I was married. I do not have to live here; however, I have been here since 1997 and obviously have established a signifcant connection to the community. It would be very bad if I had to leave but I have the means and other support available if my stay in the US is terminated by choices not my own. Besides, I can easily move to Toronto and provide the exact same service to the same people that I do here. I just like the US and the NYC area - that is all...

      Others will be affected more by my deportation than I would. I contribute significantly to the tax base of this country and there will also be a direct impact on a few indivdual's jobs if I have to leave. It might seem that I am not taking this seriously. That is far from the case; however, life is way to short to stress over that which we have no control. If I stay here, fine. If I decide to return to Canada, fine. If I decide to take an opportunity I have in Tokyo, fine. Whatever will be, will be....

      Well, I think that is enough for this thread...

      ARQU

      Comment


      • #33
        OK thanks for the explanation and I see you were really in a bad situation.

        I hope they approve your I751 without interview, and you will be fine. You sound germane and genuine.

        Comment


        • #34
          germane = relevant or closely related.

          Comment


          • #35
            ARQU,

            First of all, you made the poor judgement when you hired "that" attorney [stupid or ignorant attorney, who only cared his fees, instead of your best interest], who did not defend you in a way, you should be, specifically when your matrimonial case was directly related to your immigration life. First, He should have asked for continuances on your matrimonial case after knowing that you have pending I-751 and should not let the case to go on trial or hearing until you receive your permanent green card. Like I said, Judges always grant continuance requests for various reasons. Second, he should have argued that annulment would affact your immigration status negatively and jeoparidize your immigration life. He should have know that Matrimonial Judges are always sympathetic to immigrant in this type of situation, by keeping this fact in mind, and they don't usually grant annulment even if someone proves it's ground, since family-court judges carry lots of discretionary power in matrimonial cases.


            Now, you will be making another worst and biggest mistake if you won't file for Appeal on time. Even though, your chances of winning the appeal is very-very slim [as I explained you earlier], but at least, it will provide you (1) a full green card without worrying of doing anything wrong, (2) will provide you a safeguard against BCIS interpretation of 'willful-misrepresentation [fraud]', and (3) to protect you from any future possible deportation. But, if I were you, I will file the appeal to reverse the annulment decision so that I can protect myself forever from any future possible deportation. As you know that there is a bar for lifetime to reenter into the U.S. if you were ever be found to be guilty of misrepresentation.

            If your I-751 is denied for whatsoever reason, it doesn't mean that your marriage was not legitimate from BEGINNING, while it means you don't qualify anymore for green card now under the same category as it seemed to be prior, because your marriage is fallen apart and you are not entitled to get green card under marrying with USC as you were previously granted the temp green card because of the sake of USC. As far as reporting your wife to authority for fraud or perjury is concerned, BELIEVE ME, there is nothing would happen to her even if you want it so bad. You may disagree with me, or may justify yourself that you are different than others who just doesn't give up so easily, but I'm telling you this based on my extensive experience in this kind of situation. There is not a single reported case in BCIS wherein BCIS ever had taken any action against USC, even though it had been proven that USC was involved in fraudulent marriage. Our govt's policy is very discriminatory on this. Law states that ANYONE [doesn't say Alien alone] who will willfully commits this type of crime, would be prosecuted criminally'. So, why then, only aliens are prosecuted for this crime? Law should be applied equally to everyone, isn't? On the otherhand, then BCIS not only deports the alien for forever, but also after finding of fraud marriage, alien is prohibited to seek legal status in any other category, except for asylum. I know it's not fair, but that's how it stands right now. Unless, you are very aggressive person like me [I don't take the answer/matter for granted], you can pursue lots of other ways even after your deportation, to make sure that your wife pays equally [criminally] too. If you don't have that much stamina, patience, determination, and aggrandizement then forget about reporting your wife for anything, because nothing will happen to her even if she is responsible for wrongdoing as much you are.

            An another poster, who said earlier that s/he has a feeling that you will be approved on I-751 without interview coz you seem smart, but I disagree with that poster because if you ever get approval on I-751 then it will be based upon because you've submitted all the required documents, and BCIS doesn't know that your marriage has been terminated already, and BCIS doesn't interview [99%] on I-751 and mails the full residence card in the mail. Thereby, smartness has nothing to do with approving I-751, while yes- it must has something to do in hinding/concealing the information from govt.

            Comment


            • #36
              ARQU,

              BCIS doesn't care how long you have been living here, or how much taxes are being paid by you, or how much you are attached to your community, or who will suffer after your deportation, because they are very harsh these days. All these circumstance used to be considered favourable circumstances for a deportable alien, when Immigration Judge used to exercise its discretionary authority, but not anymore. They don't give D A M N about it anyone now. Even though, you have attorney standing-by besides you, if your I-751 is denied, but it doesn't mean that attorney can help you in obtaining the green card without the law, if laws doesn't permit you to have green card. You should still need to make the right decision and judgement to secure your green card. Attorneys don't have magical power to do everything perfect in yr favor. Don't depend too much on attorney. If you review those deportation cases, you will find that most of the cases have been ruined because of attorneys's mistakes alone. And, if you don't care that much to live here, then just don't worry about anything, because you said that you still have option for Canada or Japan, but don't forget that Canadian are most who like to migrate to U.S. according to BCIS report, which is based upon ratio-population of the country.

              Comment


              • #37
                SAMMY and ARQU it's nioce to have you both here. I've learned a lot. My case is getting worse. This is spikke by the way. My USC wife cheated on me and is treating me bad (I am not sure if that is mental cruelty but for sure I suffer and I want to cry sometimes) and she also keeps telling me "ha-ha but you can't leave me till you get your green card". I really want to divorce her, but I am afraid that it's a bad think that I AM initiating the divorce, and also I have no proof that she is insulting me and yelling at me abou everything. As far as the cheating I don't have proof except for her saying she did and the obvious disinterest in *** with me, her never even kissing or touching me, her insulting me and demeaning me. She said that she'll admit that she cheated on me in court...But I don't know how it will work out and if that is enough. I really have been thru alot and I want to end it but I don't want to go back home, for I have no friends there and I abandoned my education...I want to divorce her and experience the happiness of actually being free in the US

                Comment


                • #38
                  Another Fraudster ! What happened to this guy anyway???

                  Comment


                  • #39
                    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?

                    Comment

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