temporary GC & marriage annulment

[MihaelaNYS 10]

Hi,

I am in a very difficult situation and I am writing about it hoping that people that went thrw something like this or similar or have any ideea of a solution might advise me.

I came to US on a K-1 visa and then I received my temporary GC based on marriage. After almost 1 year of marriage, my husband filed for an anulment (on the ground of fraud for immigration benefits - of course is all false accusations and the catch is this: he doesnt want to be responsable for me.

He is very concerned that, since he signed the affidavit of support he will/would have to pay for me, support me.

He wants out of the marriage and to be off of any responsability that might be still in case of a divorce.

After his filing the annulment, I filed for divorce based on cruel and inhuman treatment (one of only few grounds allowed in NY). The abuse is mainly emotional, verbal, psycological and financial. I have a counselor with an organization that helps abused woman, letter from the doctor - I got sick because of his behaviour and so on ... I was abused by him and his mother and threatened with annulment of marriage a month after the wedding. ... He is contesting the divorce and he said he wont give it to me unless I find another sponsor.

How can it be possible for him to get out of the responsability that the took when he sign it ?

May I file for removal of temporary condition if he gets the annulment ?

My two years expire on August, next year. Right now, we have a annulment and a divorce action both contested and we are waiting for the second Conference with the Court witch will take place in November.

How can I ,,release,, him form the responsability of affidavit of support and remove the condition on my GC? What would happen if he will be granted the annulment ? Would I have any chance to remain here legal ?

Thank you

Mihaela

NY

[akdiver 3]

Short answer: You need to retain a lawyer experienced with immigration matters. Do not delay.

Longer answer - the affidavit of support is a type of contractor between your sponsor and the federal government. You are not a party to this contract and cannot release anyone from it. It seems that a divorce is more in your interest than an annulment, although either are going to make removal of conditions more difficult. See a lawyer right away.

Edited September 17, 2008 by akdiver

[MihaelaNYS 10]

I saw a lot of lawyers lately and I had to hire a divorce lawyer because I had no choice. I cannot afford a immigration lawyer right now. I already paied $6,500 and it will cost me even more if my dear husband will drag me to trial (each court apperance is over $1,200 just to have the lawyer there). I simply cannot retain another one. I went on free consultations with immigration attorneys and they all said that I will have to apply for removal of condition only in those 90 days prior to expiration (that means from May next year) not now ..... I hope I will not have a divorce lawyer still on payroll at that time....

This is why I ask questions here, maybe there are people that went threw a similar situation and know a solution ... or maybe they read a lot about immigration laws and can give me an advice.

Thanks

[Chica Yeyé 41]

People here are NOT attorneys. They can only share their experience. Your case calls for a professional. Good luck.

[pushbrk 12,881]

People here are NOT attorneys. They can only share their experience. Your case calls for a professional. Good luck.

Right. The way I see it though is that anything to do with immigration is going to have to wait until the annulment and divorce proceedings are sorted out. If he wins the annulment with the court affirming the grounds he stated, he'll probably have what he needs to prevent you from removing conditions. If you win, you'll probably be able to file to remove conditions as soon as the divorce is final.

If he can delay the divorce becoming final until after the time to file to remove conditions, that's where things get really muddy for me.

[diadromous mermaid 36]

How can it be possible for him to get out of the responsability that the took when he sign it ?

May I file for removal of temporary condition if he gets the annulment ?

My two years expire on August, next year. Right now, we have a annulment and a divorce action both contested and we are waiting for the second Conference with the Court witch will take place in November.

How can I ,,release,, him form the responsability of affidavit of support and remove the condition on my GC? What would happen if he will be granted the annulment ? Would I have any chance to remain here legal ?

He can't get out of the repsonsibility unless he can prove that you deceived him into marriage for immigration benefit alone. Chances are, after a one-year marriage, annulment will be difficult for him to secure unless he has compelling evidence that shows your intentions were not genuine. Make sure that any judgment issued makes no reference to fraud.

[MihaelaNYS 10]

<<If he can delay the divorce becoming final until after the time to file to remove conditions, that's where things get really muddy for me.>>

Yes, what will happen if he doesnt want to give me the divorce (on grounds of abuse)?

The fact that he doesnt agree to divorce, is in itself a proof of abuse (what would be the reason to stay married to me ? .. he is the one who started all this and filed for annulmet. Is he going to say to the judge: I still love her, I still want to have a family with her !? ... but in the same time I want to annul the marriage. (?!?!) I am not too concerned with the annulment charge since is not true, I cannot imagine what compelling evidence would he have ... only fake ones... !?!

What I know for sure is that he will do anything in his power to distroy me. He gets off on it.

[pushbrk 12,881]

<<If he can delay the divorce becoming final until after the time to file to remove conditions, that's where things get really muddy for me.>>

Yes, what will happen if he doesnt want to give me the divorce (on grounds of abuse)?

The fact that he doesnt agree to divorce, is in itself a proof of abuse (what would be the reason to stay married to me ? .. he is the one who started all this and filed for annulmet. Is he going to say to the judge: I still love her, I still want to have a family with her !? ... but in the same time I want to annul the marriage. (?!?!) I am not too concerned with the annulment charge since is not true, I cannot imagine what compelling evidence would he have ... only fake ones... !?!

What I know for sure is that he will do anything in his power to distroy me. He gets off on it.

This is going to work itself out in court probably the best attorney will win. He has as much motivation to avoid a decree indicating abuse on his part as you do to avoid a fraud ruling. You win, you stay and the affidavit of support stands. You lose, you go and the affidavit of support is dead. The only real winners in this are the lawyers.

Edited September 18, 2008 by pushbrk

[Eagleeye 1]

"He is very concerned that, since he signed the affidavit of support he will/would have to pay for me, support me.

He wants out of the marriage and to be off of any responsability that might be still in case of a divorce"

Its just amazing how people think they can maniputale the law to get whatever they want.Whatever happens in divorce/annulement would go along way to affect you lifting condtions (i-751).Annulement has to proven and cannot be based on an accusation.Find out what he could use as proof to back up his claim.

Let the judge also know that you that the reason he is going for annument is to be "free" Detais of your relationship before you were married would also help.

Good luck.

[akdiver 3]

Its just amazing how people think they can maniputale the law to get whatever they want.

Are you daft??? It happens every day!! Even at the highest levels of government.

[MihaelaNYS 10]

I do not know what evidence he has against me. Whatever it is, it must be fake as he and his family will help him to get out of any responsability. I am sure he will use them as ,,witnesses,, they will say anything for heir son or brother-in-law. His family has no good moral caracter.

One of his brothers that lives next door is a sex offender. He is out of jail only because he had a good lawyer. Evidences showed that he was the one who raped that woman .... still ... he's free and his brother (my husband) believe that he can get away with anything too this is why he abused me as much as he could and now is trying to distroy my future to save his own a**....

Well, I am trying to find out what should I do save my future.

[justashooter 430]

I do not know what evidence he has against me. Whatever it is, it must be fake as he and his family will help him to get out of any responsability. I am sure he will use them as ,,witnesses,, they will say anything for heir son or brother-in-law. His family has no good moral caracter.

One of his brothers that lives next door is a sex offender. He is out of jail only because he had a good lawyer. Evidences showed that he was the one who raped that woman .... still ... he's free and his brother (my husband) believe that he can get away with anything too this is why he abused me as much as he could and now is trying to distroy my future to save his own a**....

Well, I am trying to find out what should I do save my future.

one side of the story is, well, one side of the story.

people in differing cultures have different expectations of marraige. i am not familiar with romanian culture, but would imagine that marraige is viewed in a more practical sense in romania than in the US. in America we can afford to be "impractical" in marraige and choose a spouse for "love".

perhaps an examination of your husband's expectations and comparison with your own is in order. if your husband is attempting to annul the marraige because he cannot see how it is a valid marraige, then he is probably basing his annulment efforts on his perception of marraige, which may be very different from yours. your best bet in a court action is to tell your own expectations of marraige and how you met your perceived responsibilities within your marraige. his best course is to demonstrate that you did not, and that your primary interest was immigration, which understandably enough, could have been one of your culturally legitimate primary considerations.

having married a girl from PRC, i know that expectations can be different. it doesn't mean that either one of us is an ###. we're just a little different, and love each other in our own way, without demanding that the other conform immediately.

[MihaelaNYS 10]

people in differing cultures have different expectations of marraige. i am not familiar with romanian culture, but would imagine that marraige is viewed in a more practical sense in romania than in the US. in America we can afford to be "impractical" in marraige and choose a spouse for "love"......

.....having married a girl from PRC, i know that expectations can be different. it doesn't mean that either one of us is an ###. we're just a little different, and love each other in our own way, without demanding that the other conform immediately.

Yes indeed,

the love that he proved by: tampering or stilling my correspondence, incurring debts on the joint account that caused it to be way, way overdrawn while he moved his own direct payment to another bank, false missing person police report on my name, complaint (that I frauded him) to Immigration & Customs Enforcement and so on...

It takes a lot of love, respect and consideration towards your spouse to do all this... maybe in China....

Thank you for your opinion

you are intitled to it.

[russian_armenian 4]

Mihaela,

Here is something you might need to check further.

1. Even if he get anulment in divorce court, for immigration purposes marriage was still valid. I have read it in some INS docs. Check adjudicator's mannual on CIS website. Huge document with many chapters but covers most situations (and I am sure many lawyers dont remember all defenitions/...).

2.As far as I remember, there is strikt definitions for annulment in NY (no sex, sickness, etc). I am sure that you would not qualify.

3. Husband sponsorship for immigration purposes are only in the limits of poverty levels. So, if you would apply for gov assistance (social security benefits, etc), gov might (big ? here) send him a bill later. Sponsorship is not alimony. This affidevit, he has signed, is to make sure that you would not become a burden for gov (public charge). But gov support is not that big even in extreme cases. And husband could be asked to pay it back to gov.

Just tell your husband that he is very stupid, if he started all this mess because of this obligation (which is by the way very difficult to enforce in court; you cannot just go to judge and ask for support from husband based on affidevit; affidevit has different purpose-protect gov not you).

4.Sounds like you have enough evidence for removing conditions (I-751). You dont have to wait 2 years. If divorce is final before that, just send I-751 with waiver. Check what docs you need (proof of comigled financial, social life-pictures, utility bills, bank statements; you need to show that you have resided at the same place, etc).

5.Get as much alimony as you can get. He is not a civilized person. You are qualified for alimony probably.

About affidevit of support, there is some definitions on CIS web as well. You might want to make him even more ungry if show that affidevit is valid till you became a citizen or depart US permanently and that annulment is not accepted for I-751 purposes. He is a double looser. I understand that feelings might change, but there are civilized ways to proceed.

Hi,

I am in a very difficult situation and I am writing about it hoping that people that went thrw something like this or similar or have any ideea of a solution might advise me.

I came to US on a K-1 visa and then I received my temporary GC based on marriage. After almost 1 year of marriage, my husband filed for an anulment (on the ground of fraud for immigration benefits - of course is all false accusations and the catch is this: he doesnt want to be responsable for me.

He is very concerned that, since he signed the affidavit of support he will/would have to pay for me, support me.

He wants out of the marriage and to be off of any responsability that might be still in case of a divorce.

After his filing the annulment, I filed for divorce based on cruel and inhuman treatment (one of only few grounds allowed in NY). The abuse is mainly emotional, verbal, psycological and financial. I have a counselor with an organization that helps abused woman, letter from the doctor - I got sick because of his behaviour and so on ... I was abused by him and his mother and threatened with annulment of marriage a month after the wedding. ... He is contesting the divorce and he said he wont give it to me unless I find another sponsor.

How can it be possible for him to get out of the responsability that the took when he sign it ?

May I file for removal of temporary condition if he gets the annulment ?

My two years expire on August, next year. Right now, we have a annulment and a divorce action both contested and we are waiting for the second Conference with the Court witch will take place in November.

How can I ,,release,, him form the responsability of affidavit of support and remove the condition on my GC? What would happen if he will be granted the annulment ? Would I have any chance to remain here legal ?

Thank you

Mihaela

NY

[Oosie 1]

You really do need an immigration lawyer to help you with this one. I understand that you had to make the choice to pay a divorce lawyer but you my be able to get legal help with your AOS from Catholic Social Services. Look online or in the phone book for a local office where you live and make an appoinment to see them. They don't charge a lot and have some very experienced pawyers. They are there to help immigrants and they don't care if you are Catholic or not, if you are getting divorced or not.