CR-1 Visa Annulment

[msld007 0]

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.

Tiger... I agree with your position not because it seems to favor my position, more less you position favors fairness.

Seems there is a considerable amount of opposition to my position, I don't mind and I welcome the views being posted.

It seems pretty simple ---- 1) Spouse/Fiancee visa is the basis for the I-864 affidavit of support without it the I-864 has no binding purpose. I still find it hard to justify a sponsor being held accountable for fraud deception and concealment on the part of a beneficiary.

[pushbrk 12,883]

Annulment is down to State Law.

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

I agree. On the other hand, if she has CR1 status instead of IR1 and a ten year card, there's at least a chance she'll fail to remove conditions. This would make her deportable but until she leaves, the I-864 would still be in force. He sponsored her for the visa. His losses could be cut but not erased. As to the status, the timeline is not clear. If she entered the USA after the second anniversary of their marriage, she's entitled to the full LPR status and ten year card, even if she didn't receive it initially. Regardless, deportation COULD occur but it's not a sure thing.

The thing the OP needs to get his head around is that his civil liability for medical bills incurred by his (present tense) spouse and her child are an entirely separate issue from her immigration status and/or the affidavit of support. If she leaves of her own accord with the baby as soon as she's able, that liability will be there for him to deal with.

He can ask the baby's biological father anything he desires but asking is not receiving.

[Boiler 45,516]

Put it much better than I could.

To the OP, being deportable and being deported is VERY different. 20m here to prove it.

If she has to remove conditions, she probable can, she would have to wait until the divorce is final before self applying.

[sjr09 155]

she concealed her pregnancy the whole time?

unbelievable.

I'm sorry you're going through this.

'and when asked (3 mos. ago) she denied being pregnant". Unbelievable at 6mo you can't tell?

To the OP, your married to her so your both on the hook for the cost of the birth, and if she is not working it's all on you.

[Wyld Blu 35]

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?

This is an interesting point. If you are able to get a annulment, and this means the marriage never happened in the eyes of the government, doesn't this also mean the CR1 is invalid in the first place, as technically then, the marriage never happened? As far as medical bills go, you may NOT be liable if you are successful in getting the annulment. After all, that would mean she never was your wife. It will be interesting to see how this plays out. Please keep us informed.

[payxibka 10,045]

the legal marriage appears to be the one in Cambodia... that is the one that needs to be annulled... the US marriage should not even be in play as the couple were already married when they "married" in the USA

[Boiler 45,516]

This is an interesting point. If you are able to get a annulment, and this means the marriage never happened in the eyes of the government, doesn't this also mean the CR1 is invalid in the first place, as technically then, the marriage never happened? As far as medical bills go, you may NOT be liable if you are successful in getting the annulment. After all, that would mean she never was your wife. It will be interesting to see how this plays out. Please keep us informed.

Thta is not how an annulment works.

[Wyld Blu 35]

Thta is not how an annulment works.

Perhaps not....I have never had one. But I was basing my comment on what the OP said an annulment was. I was not verifying the information given, just that it was an interesting point if true.

-Blu

[Darnell 8,478]

eh - hang on.

You can call yer local USCIS office, and get appointment for the Fraud Prevention Unit. You'll need to file a letter, as well, to remove your I-864 affadavit of support, listing the reasons that you have.

The Officer you talk to in the Fraud Prevention Unit (face to face, btw) will tell you whether or not IF you have a valid case.

If you have a valid case, then they can start deportation proceedings, AFTER they conclude their investigation.

The annulment of the marriage is a seperate thing - suggest you view it 'that way', and proceed asap. The Laws of Yer State will apply, for that.

You'll need to document as much as possible, writing up timelines and events, for the Fraud Case.

[freetv 7]

eh - hang on.

You can call yer local USCIS office, and get appointment for the Fraud Prevention Unit. You'll need to file a letter, as well, to remove your I-864 affadavit of support, listing the reasons that you have.

The Officer you talk to in the Fraud Prevention Unit (face to face, btw) will tell you whether or not IF you have a valid case.

If you have a valid case, then they can start deportation proceedings, AFTER they conclude their investigation.

The annulment of the marriage is a seperate thing - suggest you view it 'that way', and proceed asap. The Laws of Yer State will apply, for that.

You'll need to document as much as possible, writing up timelines and events, for the Fraud Case.

Yeah, the best thing to do is talk to the only people that can get anything done. If uscis believes it is visa fraud and is willing to go the distance to get her out.... that is going to be what happens. As far as the hospital bill goes... there is a good chance your going to be responsible for it... but again only uscis is going to know that kind of info. As much as vjers go.... marriage fraud is one of those things that you only learn from real world experience.... and thankfully most of us have solid, true marriages. But I wish you the best of luck with deporting the piece of trash (what??? she is a piece of trash as far as I am concerned).

Edited February 9, 2010 by freetv

[pushbrk 12,883]

Yeah, the best thing to do is talk to the only people that can get anything done. If uscis believes it is visa fraud and is willing to go the distance to get her out.... that is going to be what happens. As far as the hospital bill goes... there is a good chance your going to be responsible for it... but again only uscis is going to know that kind of info. As much as vjers go.... marriage fraud is one of those things that you only learn from real world experience.... and thankfully most of us have solid, true marriages. But I wish you the best of luck with deporting the piece of trash (what??? she is a piece of trash as far as I am concerned).

USCIS will actually NOT have any information or influence over who owes a hospital bill. They are not above the law, nor can they tell a private business who they can collect a debt from.

[freetv 7]

USCIS will actually NOT have any information or influence over who owes a hospital bill. They are not above the law, nor can they tell a private business who they can collect a debt from.

What I mean is wouldn't they know how the support papers play into everything? Lets assume that the paper becomes null, wouldn't it would mean he is off the hook for the medical bills? I don't see why he would be responsible for the birth at that point.... but none of us know what papers he filled out etc.

[TBoneTX 45,288]

wouldn't it would mean he is off the hook for the medical bills?

For the zillionth time, NO. Read and heed what pushbrk said.

[Rebecca Jo 1,962]

For the zillionth time, NO. Read and heed what pushbrk said.

Like the bit where he says the child is a USC?

Not if the OP can prove paternity and has the court amend the birth record.

[TBoneTX 45,288]

Like the bit where he says the child is a USC?

Not if the OP can prove paternity and has the court amend the birth record.

The hospital bills are a private debt, due by their stated due-date, with payment from the responsible party (by all appearances, the OP, who expressed worry about it). Should the OP later successfully sue someone (his ex-wife after divorce, or the Philippine impregnator) and collected the damages, it would seem that he could be reimbursed by either of those private parties for those hospital expenses. However, no one else but the OP is responsible for the actual hospital debts if he signed for them. I consider it unlikely (and outlandish) that a contract between private parties (the OP & the hospital) could be voided in any timely manner, especially given usual language such as "minimum (or full, or a percentage of) payment is due within 30 days," or similar -- especially since the OP likely SIGNED something to state that he was responsible for payment and agreed to comply with those terms. Hospitals tend to be VERY thorough about things like this.

The above aside, good luck on collecting any damages. The OP could risk far more in attorneys' fees, and damage to his own credit record for untimely payment of bills (if he were to resist paying the hospital while paternity challenges played out), than if he simply paid the hospital bills and chalked it up to an expensive lesson.

If any of the foregoing is incorrect, then an attorney can come along and correct it.