Fraud

[wow 0]

Sorry to hear bruh I think you allowed her to control you from the start - telling you when to divorce ya wife and "file" for her...!

I dont see where she will be able to get an approved case for VAWA it is more than calling the cops - she's a manic.. was clear from the said behavior above. Cant Answer the custody issue... if she is able to care for him too why not..? It is hard to get an annulment since you all had sex prior to marriage... though it ("marriage") was not consummated. If she entered the marriage under fraudulent reasons then you may qualify.

Delusional is more the word I had in mind.

So if she does not get through with a VAWA case what then? they deport her? how will they factor in our child.?

[LIFE'SJOURNEY 970]

Delusional is more the word I had in mind.

So if she does not get through with a VAWA case what then? they deport her? how will they factor in our child.?

If you don't AOS her, she will be out of status. The child is a USC, that will be up to the parents of the child. A USC cannot be deported.

[VanessaTony 3,567]

I beg to differ, her line of argument is that I had mistreated her for 8 years while in Jamaica without acting on this so called mistreatment. within 3 months of arriving and getting married she flew the coup so to speak and when she realized she did not have her status adjusted she began a long range of things including soliciting ME to continue in a fraudulent relationship until she has her status which I did not agree to thus the VAWA deal. but with that said are you saying she will be allowed to stay?

1 there are 2 police reports..the first incident list ME as the victim and she as the suspect nearly identical to the 2nd arresting report/situation. I have pleaded NOT guilty and intent to fight it. her word against mine >> credibility being the deciding factor ( I would think). If I win she loses. If I lose?? what then. Its the first and only incident ever in my life and I even will have my ex wife submit a character reference to the effect that well, that simply is not me ( and its not)! How do I start a case with ICE? just call them tomorrow?

2. presently she is living with her "friend", no job no licenses ,no money and of course an status that's undecided. so how would any judge on earth rish putting a child into such a position. what if her friend decides to put her out..?

3. annulment would be best of course but My lawyer filed a dual case. annulment but if not then divorce..all in one bundle.

Ooohhh I thought the 2 abuse thingys were YOU as the assaulter. Well that makes all the difference.

If you have proof about her asking to pay you for the visa then that will definitely help things.

The child stuff really depends on the judge. Someone I know is a family court magistrate (judge) and they're dealing with this at the moment. The father has custody AT THE MOMENT but it's being reviewed again in April. The mother doesn't have a place for the kids so she's on the fast-track for government housing and once she gets a place (that is adequate for the kids) the mother will get joint custody. So basically you MIGHT get full custody for now, with visitation for the mother, but that doesn't mean she won't be able to get joint. Really depends on the judge.

First (if you haven't already) contact USCIS and let them know you're withdrawing the petition. There's a girl from VJ who filed her withdrawal on the 17th Feb and she STILL doesn't have proof that it's been revoked. You don't want your wife's card approved in the meantime (not all K1 AOSer's get interviews). Contact ICE asap too so that you have a head start on the issues. They'll want any proof you have. I would also submit the false report against yourself and let them know you're fighting it because it's a load of bull.

Good luck!

Edited March 3, 2011 by Vanessa&Tony

[wow 0]

Sorry to hear bruh I think you allowed her to control you from the start - telling you when to divorce ya wife and "file" for her...!

I dont see where she will be able to get an approved case for VAWA it is more than calling the cops - she's a manic.. was clear from the said behavior above. Cant Answer the custody issue... if she is able to care for him too why not..? It is hard to get an annulment since you all had sex prior to marriage... though it ("marriage") was not consummated. If she entered the marriage under fraudulent reasons then you may qualify.

so this be the case what happens? can she try something else? or will she have to leave or be deported?

[LIFE'SJOURNEY 970]

so this be the case what happens? can she try something else? or will she have to leave or be deported?

You have 3 cases going on simultaneously

Divorce and custody has nothing to do with immigration, a good divorce lawyer..you have some experience in the past with this.

Immigration, just don't do the AOS..follow the given instructions, and let ICE do it's job.

Good luck...

[staceluvyou 6]

your case is already on here, a lady friend of both of you wrote about your situation, btw welcome to vj, i'm sorry all this is happening to you.she is a user that's what she is, but u allowed her to use u.u let she convince you to leave your wife for this?????? anyway i think if you have proof of her offering to pay you to do the aos, you could use that as proof that she used you for immigration purposes.

[KittyPollitt 284]

3. annulment would be best of course but My lawyer filed a dual case. annulment but if not then divorce..all in one bundle.

I don't know of a state in the Union that will annul a marriage when the couple has a child. Annulments are for simple dissolution of a marriage when no children or property are involved. Don't waste time trying it, file for divorce right away.

[LIFE'SJOURNEY 970]

I don't know of a state in the Union that will annul a marriage when the couple has a child. Annulments are for simple dissolution of a marriage when no children or property are involved. Don't waste time trying it, file for divorce right away.

Part of your statement is incorrect, my sister got an annulment of her marriage, her ex and her had a child together. there are many different reasons for an annulment.

[JimVaPhuong 4,863]

Part of your statement is incorrect, my sister got an annulment of her marriage, her ex and her had a child together. there are many different reasons for an annulment.

In most states, the two general grounds for annulment are incapacity and invalidity. Incapacity means one party is unable or unwilling to engage in marital relations. Invalidity means the marriage was never valid, usually because one or both parties were not legally able to marry.

If they were both legally free to marry then they can't get an annulment based on invalidity. They have already produced a child, so they probably cannot get an annulment based on incapacity.

Do you know what grounds your sister's annulment was based on?

[sus 70]

Sorry to hear that you are going through this - I would gather everything that you have - first of all, make sure to send certified letters to USCIS withdrawing your petition - I would also suggest making an infopass appointment so that you can go in and let them put a face to your case - it could help if she tries to continue to adjust status -

In my opinion, she hasn't built a strong case for VAWA - and to claim abuse in JA just validates that she married you for the GC - if you were abusing her, why would she come here?

You might want to send Luvstravelin a PM - she hasn't been on here in a while, but from her story she could probably give you some guidance in how she proceeded as far as immigration.

[Tero 105]

Karma really is a b*tch! I see you've already been given some good directions. I wish you well.

Edited March 3, 2011 by Tero

[LIFE'SJOURNEY 970]

In most states, the two general grounds for annulment are incapacity and invalidity. Incapacity means one party is unable or unwilling to engage in marital relations. Invalidity means the marriage was never valid, usually because one or both parties were not legally able to marry.

If they were both legally free to marry then they can't get an annulment based on invalidity. They have already produced a child, so they probably cannot get an annulment based on incapacity.

Do you know what grounds your sister's annulment was based on?

Yes, I do and it wasn't incapacacity. But in the stste of Maryland she was granted an annullment for invalidity.

[JimVaPhuong 4,863]

Yes, I do and it wasn't incapacacity. But in the stste of Maryland she was granted an annullment for invalidity.

Ok, then there are a whole basket of possibilities. Obvious and easy to prove are things like one or both parties were already married, one or both parties were too young, parties were close blood relatives, etc. Less obvious and more difficult to prove are things like one or both parties are incapable of entering the marriage voluntarily (mental incapacity, insanity, insobriety, etc.), one or both parties were coerced or forced into the marriage against their will, one or both parties engaged in fraud or deception, etc. I suspect you're thinking about the latter in this case.

Convincing a judge that a marriage should be annulled because one party is being accused of fraudulently entering the marriage requires a higher standard of evidence than USCIS would need. I imagine if he could get the marriage annulled on this basis then that would put a dead stop to her VAWA case - if she didn't enter the marriage in good faith then she doesn't have a case.

[DarlingNikki 7]

Again, you've gotten a number of suggestions as to which route you need to proceed with. I do wish you the best.

[LIFE'SJOURNEY 970]

Ok, then there are a whole basket of possibilities. Obvious and easy to prove are things like one or both parties were already married, one or both parties were too young, parties were close blood relatives, etc. Less obvious and more difficult to prove are things like one or both parties are incapable of entering the marriage voluntarily (mental incapacity, insanity, insobriety, etc.), one or both parties were coerced or forced into the marriage against their will, one or both parties engaged in fraud or deception, etc. I suspect you're thinking about the latter in this case.

Convincing a judge that a marriage should be annulled because one party is being accused of fraudulently entering the marriage requires a higher standard of evidence than USCIS would need. I imagine if he could get the marriage annulled on this basis then that would put a dead stop to her VAWA case - if she didn't enter the marriage in good faith then she doesn't have a case.

Exactly my point, there are a whole basket of possibilities even if there is a child conceived between both parties. Family law is a tricky business, so I just didn’t want others to think that an annulment is only possible if you haven’t consummated the marriage.