CR-1 Visa Annulment

[pushbrk 12,883]

Question makes no sense. The Consulate granted a spouse visa. Did you file an I-129F petition before you married, get the fiancee visa denied, then marry in Cambodia and file an I-130?

I think what you mean is that the K3 spouse visa was denied and then later the Consulate granted the CR1 visa. An annulment of the US marriage has no impact on the Cambodian marriage that was the basis for granting the immigrant spouse visa to begin with. It won't change the fact that you are married.

For the last time, unless she is deported, you're on the hook for the I-864 until one of the other conditions is met. The rest of your two weddings mess is a matter for a family law attorney.

One further thought with regard to the second marriage, is that you obtained the marriage license fraudulently by claiming to be free to marry (both of you) when you were already married to each other. You say this is because you "wanted" something you didn't already have. Well, that's pretty much the reason for all fraud. It's still fraud.

[msld007 0]

Question makes no sense. The Consulate granted a spouse visa. Did you file an I-129F petition before you married, get the fiancee visa denied, then marry in Cambodia and file an I-130?

I think what you mean is that the K3 spouse visa was denied and then later the Consulate granted the CR1 visa. An annulment of the US marriage has no impact on the Cambodian marriage that was the basis for granting the immigrant spouse visa to begin with. It won't change the fact that you are married.

For the last time, unless she is deported, you're on the hook for the I-864 until one of the other conditions is met. The rest of your two weddings mess is a matter for a family law attorney.

Okay.. with your reply I yet again try to clear this up like we did on the I-864. There's no need to contionue the discussion on the I-864 and my being "on the hook".... As I stated earlier... this is understood from our prior threads.

"I think what you mean is that the K3 spouse visa was denied and then later the Consulate granted the CR1 visa. An annulment of the US marriage has no impact on the Cambodian marriage that was the basis for granting the immigrant spouse visa to begin with."

I agree the marriage in the U.S. has no impact on the Cambodian marriage that was the basis for granting the immigrant spouse visa to begin with.... however, her attorney has addressed both the Cambodian Marriage and the U.S. Marriage for the Dissolution of marriage. Though an annulment of the U.S. marriage license is baseless concerning the issuance of her visa, it is still in need of annulment as her atty stated in his decree. the K3 spouse visa was denied and then later the Consulate granted the CR1 visa, does the denial of the K-3 provide a sufficient basis for an annulement?

[msld007 0]

To keep it simple, My question is:

The K3 spouse visa was denied and then later the Consulate granted the CR1 visa,

does the denial of the K-3 provide a sufficient basis for an annulement?

[Boiler 45,516]

Can you make a wedding conditional on getting a Visa?

[Wayne and Claudia 40]

Annulment is down to State Law.

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

I agree with you but would like to add one more thing. His wife and him already had a valid marriage in Combodia which is how they were able to obtain a CR-1 visa. The American marriage license really is nothing more than ornamental since their real marriage exists in Combodia...or wherever they first wed.

[msld007 0]

Then an annulment of both the U.S. and Cambodia mariage here in the U.S. has no bearing on the I-751 removal of conditions.... she's going to recieve resident status anyway and I'll have the I-864 to support her and her fruad for the next 10 years,,, wow this is all finally starting to make sense........

[VanessaTony 3,567]

To keep it simple, My question is:

The K3 spouse visa was denied and then later the Consulate granted the CR1 visa, does the denial of the K-3 provide a sufficient basis for an annulement?

I don't see how.

I'm also confused because first you said K1 visa was denied and now you're saying K3. Either way, I don't understand how you think a visa denial could be grounds for annulment, especially seeing another visa was approved and she arrived in the US (perhaps MAYBE there's a chance if you'd been apart for many years due to denials but even then I don't know for sure). I don't know if you're aware of another member called MCat but he had the same sort of situation as you... his first visa was denied and he fought really hard to get it approved. When she (his fiancee) finally arrived they got married and they've since divorced because (among other things) she married him for the visa. They never consummated their relationship but he still got a divorce, not an annulment.. don't remember why.

So, basically you know about the I-864, you know that she doesn't need you for ROC, you're planning to divorce her... what do you want/need? If I were you I would be looking at reporting her to ICE (you said you called, all you can really do is call, listen to their advice, write a letter to them and to USCIS letting them know that she was pregnant to someone else at the time of her coming over and didn't tell you.. maybe tell them you're planning an annulment due to fraud) but ultimately... what more do you want?

I don't think there's really anything else we can tell you because your immigration issues aren't really your issues anymore and this isn't a divorce site so we (majority of us) don't know much about divorce (or your case specifically). This is something you need to talk to your lawyer about. We can't tell you how to divorce her or annul your marriage. We can only tell you what we've told you:

1. I-864 is binding

2. She doesn't need you to ROC

3. You can call ICE to report her for fraud but you need evidence so just call them and see what happens

and now 4. Her visa was approved and she entered the US. I doubt previous visa denials could be grounds for annulment but this isn't a divorce site so I honestly can't say I know anything about divorce... that's why you have a divorce lawyer

Sorry. Good luck.

[pushbrk 12,883]

To keep it simple, My question is:

The K3 spouse visa was denied and then later the Consulate granted the CR1 visa,

does the denial of the K-3 provide a sufficient basis for an annulement?

Annulment of what? The answer is no, either way. Your wife is handling the family court matters apparently properly. What immigration related questions do you have?

[VanessaTony 3,567]

Then an annulment of both the U.S. and Cambodia mariage here in the U.S. has no bearing on the I-751 removal of conditions.... she's going to recieve resident status anyway and I'll have the I-864 to support her and her fruad for the next 10 years,,, wow this is all finally starting to make sense........

I'm probably going to make you cry... 10 years isn't exact. That's best case scenario. If she works every quarter for the next 10 years then it's 10 years.. but given she now has a kid to take care of.. I'm not sure she's going to be working those 40 quarters very quickly. You could be "on the hook" for much longer than 10 years...

[msld007 0]

Thanks to all for your posts and follow ups. Its time to put this thread to rest... BYE

[pushbrk 12,883]

I'm probably going to make you cry... 10 years isn't exact. That's best case scenario. If she works every quarter for the next 10 years then it's 10 years.. but given she now has a kid to take care of.. I'm not sure she's going to be working those 40 quarters very quickly. You could be "on the hook" for much longer than 10 years...

Best case is 10 years. Worst case is until one of them dies or she leaves the USA permanently. It could be anything in between, which is why unless she's deported, he's simply on the hook for the duration, however long that is.

[Boiler 45,516]

But not much of a hook, being realistic.

[msld007 0]

Best case is 10 years. Worst case is until one of them dies or she leaves the USA permanently. It could be anything in between, which is why unless she's deported, he's simply on the hook for the duration, however long that is.

PUSH...I have to respond to this, "Best Case Scenario" I think it will be less 3 years when she applies for U.S. Citizenship.. that will most likely happen within the next 3-years.. when it does, the AOS (I-864) ceases. Rarely do immigrants from her country stay idle for years... they want to sponsor their entire family... by becoming a U.S. citizen. It's worth realizing for her this was a team effort (I was the pawn) and she has to help provide access to U.S. Citizenship to those who helped her.

[pushbrk 12,883]

PUSH...I have to respond to this, "Best Case Scenario" I think it will be less 3 years when she applies for U.S. Citizenship.. that will most likely happen within the next 3-years.. when it does, the AOS (I-864) ceases. Rarely do immigrants from her country stay idle for years... they want to sponsor their entire family... by becoming a U.S. citizen. It's worth realizing for her this was a team effort (I was the pawn) and she has to help provide access to U.S. Citizenship to those who helped her.

Best case scenario unless one of the other conditions kicks in is what I said. Citizenship (one of those "other conditions") for her would take you off the hook but you can't count on that. I expect she won't be idle at all, and the "hook" will never break skin but none of that is in your control or knowable at this point in time.

[msld007 0]

Best case scenario unless one of the other conditions kicks in is what I said. Citizenship (one of those "other conditions") for her would take you off the hook but you can't count on that. I expect she won't be idle at all, and the "hook" will never break skin but none of that is in your control or knowable at this point in time.

PUSH ... I scheduled an Info-Pass, went to see an officer and the Officer elevated my inquiry to a senior officer. the senior officer ordered her file as her I-751 had not been filed to remove conditions yet. The senior officer requested me to complete a documented time line of events from day 1 thru my appointment date to "paint a complete picture" of what happened. Of what concern could over 800 pages of documentation (all e-mail, all money wire transfers, baby DNA reports, I-129F visa denial.. etc etc etc...) be for her removal of CPR to PR status? She's gonna get PR anyway right ?

Edited January 26, 2011 by msld007