CR-1 Visa Annulment

[msld007 0]

My wife and I received our Cambodia issued marriage license in 2007. For the next 2 years I provided spousal support

for her while waiting for her to receive her visa. After she received her visa from the consulate, she slept with her boyfriend and arrived in May 2009 to the United States pregnant. Unaware of her adultry, I married her again 3 days after after her arrival to U.S.A. She gave Birth to her boyfriends baby yesterday and I'm seeking an Annulment for marriage fruad and release of any I-864 liability and her immediate deportation as my I-864 AOS does not include supporting her and her boyfriends child. What are my chances to have a successful annulment? Am I on the hook

delivery cost of her boyfriends baby?

[belinda63 3,038]

I don't know what state you live in or what the laws there are but usually a child born of a marriage is considered the husband's child unless proven otherwise. At the least you will have to have DNA test to prove it is not yours. Again annulment laws vary from state to state so you would need to check with an attorney.

This is a huge mess and I feel very sorry for you. It would be interesting (just from curiosity) to hear what she has to say about this.

Time to consult with a family law attorney is all I can advise.

[msld007 0]

I don't know what state you live in or what the laws there are but usually a child born of a marriage is considered the husband's child unless proven otherwise. At the least you will have to have DNA test to prove it is not yours. Again annulment laws vary from state to state so you would need to check with an attorney.

This is a huge mess and I feel very sorry for you. It would be interesting (just from curiosity) to hear what she has to say about this.

Time to consult with a family law attorney is all I can advise.

Hi Belinda...

I'm in AZ, and my wife's feelings are "I Make Mistake Very Big". BTW there's also an element of concealment as she never alerted me of her pregnancy and when asked (3 mos. ago) she denied being pregnant. I will be completing DNA testing this week. Would a negative DNA test allow an annulment to be granted under the U.S. issued marriage license? If so, would I still be responsible for labor and delivery cost of her boyfriends baby? If I notify NVC New Hampsire, would her Green-Card be revoked immediately and result in her immediate deportation? I know this is alot to take in... so I will be seeking counsel this week..... Thanks

Edited February 7, 2010 by msld007

[victorious 0]

http://www.uscis.gov/portal/site/uscis/men...0004718190aRCRD

try to see if you can get answer in the USCIS site with your problem.

[msld007 0]

http://www.uscis.gov/portal/site/uscis/men...0004718190aRCRD

try to see if you can get answer in the USCIS site with your problem.

THX VIC

[VivaBaños 2]

she concealed her pregnancy the whole time?

unbelievable.

I'm sorry you're going through this.

[msld007 0]

she concealed her pregnancy the whole time?

unbelievable.

I'm sorry you're going through this.

Hi Viva,

Yeah she concealed it the whole time and since she has already signed a notorized document stating she knew she was pregnant prior to her arrival to USA, on-line attorney's (for a reasonable fee) have informed me that an annulment should not be difficult to acheive. The delema exists with liability for the cost of the delivery of her boyfriends child. Does an I-864 affidavit of support bind me regardless? Besides the child was not born naturally.... i.e. a c-section with a 3-day hospital stay

[pushbrk 12,883]

Hi Viva,

Yeah she concealed it the whole time and since she has already signed a notorized document stating she knew she was pregnant prior to her arrival to USA, on-line attorney's (for a reasonable fee) have informed me that an annulment should not be difficult to acheive. The delema exists with liability for the cost of the delivery of her boyfriends child. Does an I-864 affidavit of support bind me regardless? Besides the child was not born naturally.... i.e. a c-section with a 3-day hospital stay

Annullment or not, you are going to be liable for the hospital bills associated with your wife and her child, regardless of who the father is. Your affidavit of support is valid unless she leaves the USA and never comes back. Your wife's child is a US Citizen.

You complicated your mess by marrying a second time when already married. Getting a legal permanent resident with a 10 year green card and a US Citizen child deported would be extremely difficult at best and is not something you have control over. You may have some influence on the process but not control.

Edited February 8, 2010 by pushbrk

[zenaxe 22]

My wife and I received our Cambodia issued marriage license in 2007. For the next 2 years I provided spousal support

for her while waiting for her to receive her visa. After she received her visa from the consulate, she slept with her boyfriend and arrived in May 2009 to the United States pregnant. Unaware of her adultry, I married her again 3 days after after her arrival to U.S.A. She gave Birth to her boyfriends baby yesterday and I'm seeking an Annulment for marriage fruad and release of any I-864 liability and her immediate deportation as my I-864 AOS does not include supporting her and her boyfriends child. What are my chances to have a successful annulment? Am I on the hook

delivery cost of her boyfriends baby?

I'm sorry to hear of this news. What a horrible situation to be in. Good luck to you and I hope you can get this straightened out asap. She sucks.

[msld007 0]

Annullment or not, you are going to be liable for the hospital bills associated with your wife and her child, regardless of who the father is. Your affidavit of support is valid unless she leaves the USA and never comes back. Your wife's child is a US Citizen.

You complicated your mess by marrying a second time when already married. Getting a legal permanent resident with a 10 year green card and a US Citizen child deported would be extremely difficult at best and is not something you have control over. You may have some influence on the process but not control.

Hi Pushbrk...... Thanks for your reply it's keeping my wheels turning ..... I think the affidavit of support I signed clearly states I will be responsible for her health care expenses, not the delivery of a child she bears from another man, this can be argued in court and I'm sure that's what's on the horizon.... at any rate......

******************************* HERE IS THE LAW FOR ANNULMENT IN USA **************************

• My wife (it seems) married me solely to obtain a green card, or citizenship. (Denial of I-129F Visa by Consulate 1/09)

• My wife misrepresented a willingness to consummate the marriage (Following Marriage in 07/07 in Cambodia).

• My wife concealed that she was not willing to engage in sexual intercourse following the marriage (Visit 07/08)

• The wife misrepresented or concealed that she was pregnant by another man at the time of marriage (Arrival 05/09)

In case you are not clear on what an annulment is..... it is legal decree that states that a marriage was never valid. The legal effect of an annulment is to void the marriage as though it never existed. That being said, I cannot be legally responsible for the cost of her childbirth...... what is your reply?

Edited February 8, 2010 by msld007

[pushbrk 12,883]

Hi Pushbrk...... Thanks for your reply it's keeping my wheels turning ..... I think the affidavit of support I signed clearly states I will be responsible for her health care expenses, not the delivery of a child she bears from another man, this can be argued in court and I'm sure that's what's on the horizon.... at any rate......

******************************* HERE IS THE LAW FOR ANNULMENT IN USA **************************

• My wife (it seems) married me solely to obtain a green card, or citizenship. (Denial of I-129F Visa by Consulate 1/09)

• My wife misrepresented a willingness to consummate the marriage (Following Marriage in 07/07 in Cambodia).

• My wife concealed that she was not willing to engage in sexual intercourse following the marriage (Visit 07/08)

• The wife misrepresented or concealed that she was pregnant by another man at the time of marriage (Arrival 05/09)

In case you are not clear on what an annulment is..... it is legal decree that states that a marriage was never valid. The legal effect of an annulment is to void the marriage as though it never existed. That being said, I cannot be legally responsible for the cost of her childbirth...... what is your reply?

Note my post began with the words, "Annulment or not..." You may well get an annulment but that doesn't solve any of the other issues. Your obligation for medical bills has nothing at all to do with your affidavit of support. It has to do with your wife and the child she gave birth to AS your wife. As your wife, her bills are your bills and so are those for any child born during the marriage. The obligation is under civil law, not immigration law. If she left tomorrow and never came back, you're still on the hook for the bills.

An annulment is not a deportation and it does not assure the deportation of an LPR with a US citizen child.

The attorney that assists you with your annulment may have some ideas on how to limit your liability in some ways but there's no avenue I see that gets you off the hook for medical expenses.

[VanessaTony 3,567]

Hi Pushbrk...... Thanks for your reply it's keeping my wheels turning ..... I think the affidavit of support I signed clearly states I will be responsible for her health care expenses, not the delivery of a child she bears from another man, this can be argued in court and I'm sure that's what's on the horizon.... at any rate......

******************************* HERE IS THE LAW FOR ANNULMENT IN USA **************************

• My wife (it seems) married me solely to obtain a green card, or citizenship. (Denial of I-129F Visa by Consulate 1/09)

• My wife misrepresented a willingness to consummate the marriage (Following Marriage in 07/07 in Cambodia).

• My wife concealed that she was not willing to engage in sexual intercourse following the marriage (Visit 07/08)

• The wife misrepresented or concealed that she was pregnant by another man at the time of marriage (Arrival 05/09)

In case you are not clear on what an annulment is..... it is legal decree that states that a marriage was never valid. The legal effect of an annulment is to void the marriage as though it never existed. That being said, I cannot be legally responsible for the cost of her childbirth...... what is your reply?

Honestly the first thing I can think of is that you need to contact USCIS and alert them to her committing visa fraud.

Here's another qn, did she do a medical? Wouldn't she have revealed then she was pregnant? If she DIDN'T and has now admitted she DID know, then she could get in trouble for lying to them.

The Arizona annulment laws are:

- That you or the other party were still married to someone else when you were wed,

- you or the other party were under age and did not get proper permission to get married,

- you and the other party are blood relatives up to first cousins,

- you or the other party were married with the intention to defraud some other person, business, or government agency,

- you or the other party married with the intent to lie about your past history of criminal record, mental health history or other reasons as described by law,

- you and the other party did not consummate the marriage (did not have sexual relations after the marriage was officiated).

If you have not consummated the marriage that's one, that she concealed her pregnancy (you would have to prove you didn't know), she intended to defraud you AND the USCIS that's a couple of others.

The onus is on you to prove all of that buy my immediate first thought would be to contact USCIS and alert them of the current situation.

This is going to be very difficult and you will need to engage a good lawyer.

Good luck.

[Christi and Ian 24]

Push is absolutely right. Any debt incurred during marriage belongs to both husband and wife. Even if you tell them the debt is hers, they can and will still come after you for payment. They may try to contact her, as a courtesy to you...but if they can't...you're on the hook.

And the only way out is bankruptcy...

[tigerlily 0]

My wife and I received our Cambodia issued marriage license in 2007. For the next 2 years I provided spousal support

for her while waiting for her to receive her visa. After she received her visa from the consulate, she slept with her boyfriend and arrived in May 2009 to the United States pregnant. Unaware of her adultry, I married her again 3 days after after her arrival to U.S.A. She gave Birth to her boyfriends baby yesterday and I'm seeking an Annulment for marriage fruad and release of any I-864 liability and her immediate deportation as my I-864 AOS does not include supporting her and her boyfriends child. What are my chances to have a successful annulment? Am I on the hook

delivery cost of her boyfriends baby?

Fraud is punishable by law. You have a good chance to file a divorce and send her back to her country. For humanitarian reason, you may shoulder her delivery cost expenses. If you can find his boyfriend, you can inform him about the delivery of their baby and ask to send money for her expenses. Negative DNA test result is a substantial evidence to prove your claim regarding her dishonesty. You have a good chance of winning the case.

[Boiler 45,516]

Fraud is punishable by law. You have a good chance to file a divorce and send her back to her country. For humanitarian reason, you may shoulder her delivery cost expenses. If you can find his boyfriend, you can inform him about the delivery of their baby and ask to send money for her expenses. Negative DNA test result is a substantial evidence to prove your claim regarding her dishonesty. You have a good chance of winning the case.

Annulment is down to State Law.

I see no basis for deportation, just another failed marriage.