divorce strategy

[3600rs 24]

Well, this might be true, *sometimes* but it all depends upon the evidence supplied to corroborate the allegation of fraud. Most individuals don't realise that the USC's opinion does carry more weight than they imagine. However, spurious claims of fraud don't get much action from USCIS.

All i'm saying is that if you think about it, you'd realise you have little or no controll over how things will unvail for you. No matter how much you twist and turn, there is no 100% clear path to take. You just have to pick one, stick to it and do your best. Otherwise you'd be twisting and turning in this vicious circle of despair and stress you're dealing with right now, finding no straight path to a clear as daylight solution of your situation. It will be more simple than you think, if your marriage was bonafide-just provide the proof to the immigration when the time comes and divorce is final and keep your fingers crossed. USCIS is not out to get people(i've dealt with them for 5 years now), but to follow the law(aka, follow the proofs, not the words of angry people, aka spouses). That said, take a look at what one needs when they go to the interview: taxes, bills, joint rent, ocasionaly pictures that the officer could care less for if it wasn't for the real "dough"(taxes, bills...etc).

You foolow your path and do what you have to do, but bare in mind that your health and sanity are not worth loosing-not for a lousy husband, not even for this country.

best of luck!

Thank you for your advice.

I tried to keep the subject "right to the point, legal-wise" and not so much getting into emotional details.

An immigration lawyer told me a while ago about a situation where the USC - husband - goes with his wife (immigrant) to the interview for AOS ... and he screw the whole thing, on purpose. Apparently he declared that his wife is a fraud or something like that .... well, take a wild guess what happened with her AOS.

Do you think USCIS approves it only based on proofs, such as bank statements, bills and all that paperwork?!!!

...hmmm.... The word of an angry spouse is taken into consideration. The USC doesn't risk a thing, on the other side, the immigrant risks his/her future here. And there were just words ... only words...

USCIS needs hardcore evidence to deny your green card, not just rants and emotional filled letters. If that was the case, more that half of the spouses would be denied.

Your evidence would refute any accusations if any. They love to see paperwork.

Thank you mermaid. Would a letter be considered as serious or a spurious fraud claim?

[MihaelaNYS 10]

Thank you mermaid. Would a letter be considered as serious or a spurious fraud claim?

- Yes, I would like to know the answer to that question.

Who's burden of proof is to prove the fraud?! USCIS?

I can only assume that I would have the opportunity to refute the USC's claim and prove it wrong but

I must know the evidences that he presented to USCIS to support such a claim. A latter with a lot of false accusations anybody can write .....

Can I (PR) write a letter to USCIS accusing him of fraud?! The truth is that he frauded me.

He bullsh*** me as much as he could and conviced me to come here and right after we got married, he blackmailed me that if I don't give him all my income, he will annul the marriage claiming that I only came here and married him to get the GC. As easy as that. And that's what he is trying to do for the last year ... It sounds rediculous but that's the way it is.....

[ziia 9]

I can only assume that I would have the opportunity to refute the USC's claim and prove it wrong but

I must know the evidences that he presented to USCIS to support such a claim. A latter with a lot of false accusations anybody can write .....

Can I (PR) write a letter to USCIS accusing him of fraud?! The truth is that he frauded me.

He bullsh*** me as much as he could and conviced me to come here and right after we got married, he blackmailed me that if I don't give him all my income, he will annul the marriage claiming that I only came here and married him to get the GC. As easy as that. And that's what he is trying to do for the last year ... It sounds rediculous but that's the way it is.....

I wouldn't do that if i were you. To me it seems like you would be shooting yourself in the foot if you'd write a letter of immigration claiming the same things your ex is claiming on you. Think of it this way: he's claiming fraud on you, you'd be claiming fraudon him. Then without a doubt, the USCIS would assume it's moste definetly fraud from both of you. If i were you i would write a letter to the immigration attaching all the proof i have of a bonafide marriage and i wouldn't worry about his accusations. If he's blowing steam up his you know what, then that's his problem(he can only hurt himself more(he will look ridiculous and childish) and him writing letters angry and bitter, without sustainable proofs to accompany that, would possibly even wid up helping you in the end. What proofs you ahve of a bonafide marriage? Credit cards, lease, car, bills etc? That's your heavy artilery in the eyes of immigration, trust me. That should be your letter to USCIS

[diadromous mermaid 36]

Letters written by USCs alleging fraud would only be taken seriously if there were corroborating evidence to support such claims. Evidence could be concrete as in evidence that showed the alien never intended to remain married longer than was necessary; or that the alien discussed this plan with another party admitting that the marriage was only a means to an end or even circumstantial, such as a series of events that when considered in total, indicate that there was some underlying motive that had not been disclosed by the alien, then, yes, as a couresy to the USC the Service would scrutinise the alien further.

MichaelaNYS, I am not suggesting that you have not a good reason to believe that you were misled by your USC spouse, but turning over your income in a marriage is not all that uncommon, in fact, it is more often than not the norm, especially if no other arrangement had been discussed prior to the marriage, and especially if the USC has included the alien as a beneficiary of his or her estate.

Thank you mermaid. Would a letter be considered as serious or a spurious fraud claim?

- Yes, I would like to know the answer to that question.

Who's burden of proof is to prove the fraud?! USCIS?

I can only assume that I would have the opportunity to refute the USC's claim and prove it wrong but

I must know the evidences that he presented to USCIS to support such a claim. A latter with a lot of false accusations anybody can write .....

Can I (PR) write a letter to USCIS accusing him of fraud?! The truth is that he frauded me.

He bullsh*** me as much as he could and conviced me to come here and right after we got married, he blackmailed me that if I don't give him all my income, he will annul the marriage claiming that I only came here and married him to get the GC. As easy as that. And that's what he is trying to do for the last year ... It sounds rediculous but that's the way it is.....

The alien has the burden of proof to overcome an allegation of fraud by a USC. As long as that allegation is more than a simple letter without any corroborating evidence.

[3600rs 24]

Letters written by USCs alleging fraud would only be taken seriously if there were corroborating evidence to support such claims. Evidence could be concrete as in evidence that showed the alien never intended to remain married longer than was necessary; or that the alien discussed this plan with another party admitting that the marriage was only a means to an end or even circumstantial, such as a series of events that when considered in total, indicate that there was some underlying motive that had not been disclosed by the alien, then, yes, as a couresy to the USC the Service would scrutinise the alien further.

MichaelaNYS, I am not suggesting that you have not a good reason to believe that you were misled by your USC spouse, but turning over your income in a marriage is not all that uncommon, in fact, it is more often than not the norm, especially if no other arrangement had been discussed prior to the marriage, and especially if the USC has included the alien as a beneficiary of his or her estate.

Thank you mermaid. Would a letter be considered as serious or a spurious fraud claim?

- Yes, I would like to know the answer to that question.

Who's burden of proof is to prove the fraud?! USCIS?

I can only assume that I would have the opportunity to refute the USC's claim and prove it wrong but

I must know the evidences that he presented to USCIS to support such a claim. A latter with a lot of false accusations anybody can write .....

Can I (PR) write a letter to USCIS accusing him of fraud?! The truth is that he frauded me.

He bullsh*** me as much as he could and conviced me to come here and right after we got married, he blackmailed me that if I don't give him all my income, he will annul the marriage claiming that I only came here and married him to get the GC. As easy as that. And that's what he is trying to do for the last year ... It sounds rediculous but that's the way it is.....

The alien has the burden of proof to overcome an allegation of fraud by a USC. As long as that allegation is more than a simple letter without any corroborating evidence.

thank you mermaid.

So, in layman terms. The USC allegation must be more than a simple letter with some reinforced evidence supporting the accusation.

USCIS must trash such blatant and corrosive letters condemning the alien for fraud once the marriage turns sour.

[MihaelaNYS 10]

"Letters written by USCs alleging fraud would only be taken seriously if there were corroborating evidence to support such claims".

- Well, since his allegations are not true, it can only be something faked; he tried to set me up one time, filing a false report with the Police so, he will do whatever it takes to accomplish his goal (to have me deported).

"... your USC spouse, but turning over your income in a marriage is not all that uncommon, in fact, it is more often than not the norm, especially if no other arrangement had been discussed prior to the marriage, and especially if the USC has included the alien as a beneficiary of his or her estate. "

- Yeh, I wish! ... He doesn't own anything but debts. The property that he invested all (his money, 401K and all the personal loans that he could take from the banks) is his mommy's property. The only thing that he brought to the marriage are the debts (wich I was not aware of when I married him). As in case of a divorce, there are financial disclosures when the case goes to court, the same should be done before marriage. Financial disclosures and prenuptial agreement - that's what I should have done!

This has been definetly a learning experience for me. I shall never get married again without an agreement on paper. It was a terrible mistake.

"So, in layman terms. The USC allegation must be more than a simple letter with some reinforced evidence supporting the accusation.

USCIS must trash such blatant and corrosive letters condemning the alien for fraud once the marriage turns sour."

- Oh, well, I am not sure that they "Have To" but rather they should.... somebody on this forum, mentioned once, describing his interview for Removal of Condition (self-petition, being divorced) that the officer asked if he had any enemies that could try to get him because there was a letter (but not from his ex-wife, the USC) stating that he had a fraudulent marriage.... if they take into consideration even a letter form a third party with such accusation... it sounds pretty bad. I can only guess that a lawyer would know how to handle such a situation.

Thank you all for your support.