I'm terrified--USCIS is giving a blatant scammer a GC and I don't seem to be able to stop them

[Darnell 8,478]

A purchased H1-B? How could that even work? Maybe they could falsify the I-797's etc but how would they ever get it past a US consulate in order to get the Visa stamp (which is much more than just a stamp but rather a full ID printed on a passport page) in order to get back into the US. I could see how one could purchase a position that an employer would petition on your behalf but that would require an otherwise legitimate position that would pass scrutiny and nursing isn't an acceptable skill for a H1-B.

Sorry , not following who/what, but

in some instances the H1-B recipient DOES PAY someone or some company, later, a fee . It's not to help with paperwork, but rather , to 'get the slot' and come on.

It's a mess, on that front, occurs outside the USA, so the normal corruption stuff not get same scrutiny if done in USA. I could graph it out, the payment streams, on 4 or 5 examples, but I not have time this afternoon.

Suffice it to say it DOES exist, it's illegal, and you can read about it here at vj.

[Maxheadspace 48]

Annulment is controlled by State law. New Hampshire only allows annulment in cases involving religious issues. It's as simple as that and it cost me about $400 to obtain that answer.

In other states--you are correct.

You are correct that family law is almost always jurisdiction of the State, but even a 30 second Google search revealed that fraud is indeed grounds for annulment in New Hampshire. Don't know the circumstances of your inquiry to a lawyer, or the specific details of your case, but if it cost you $400 you may want to ask again. Don't confuse religious annulment with civil annulment. Two totally different issues. Good luck! (The Internet is a wonderful resource!)

[yailukmuu 26]

You are correct that family law is almost always jurisdiction of the State, but even a 30 second Google search revealed that fraud is indeed grounds for annulment in New Hampshire. Don't know the circumstances of your inquiry to a lawyer, or the specific details of your case, but if it cost you $400 you may want to ask again. Don't confuse religious annulment with civil annulment. Two totally different issues. Good luck! (The Internet is a wonderful resource!)

Interesting Max, perhaps you could send me the link to where you found this. Lawyers do make mistakes.

[aussie_jason 195]

It is right there as an option on the official form to file for annulment http://www.courts.state.nh.us/forms/nhjb-2245-fs.pdf the sixth result for a google search for New Hampshire annulment fraud.

[yailukmuu 26]

It is right there as an option on the official form to file for annulment http://www.courts.state.nh.us/forms/nhjb-2245-fs.pdf the sixth result for a google search for New Hampshire annulment fraud.

Thank you.

Here are the two laws (and only two statutes--no other, see the form) that apply:

Chapter 458 Annulment, Divorce And Separation

458:1 Without Decree.

All marriages prohibited by law on account of the consanguinity or affinity of the parties, or where either has a former wife or husband living, knowing such wife or husband to be alive and knowing that their marriage had not been legally dissolved, if solemnized in this state, shall be absolutely void without any legal process.

458:2 Petitions.

If any doubt exists whether any marriage is void, or as to the effect of any former decree of divorce or nullity between the parties, a petition may be filed as in other cases, and a decree of divorce or nullity may be made.

In short, if you're married and not divorced and then marry again--it is grounds for annulment.

Simple, and "fraud" is not a cause of action, though I wish it was.

Now, if you want to prove otherwise, please do so.

One problem with law that I've come across again and again is that the average lay person often tries to simply apply their "logic." Yet the logic of the law is often very, very different than what "common logic" is.

[Harpa Timsah 13,258]

Void is not the same as annulled. Hire a lawyer to help you.

Edited February 25, 2014 by Harpa Timsah

[aussie_jason 195]

Now, if you want to prove otherwise, please do so.

As Harpa stated voiding a marriage is different than annulling a marriage, 458.1 deals with voiding and 458.2 with everything else, completing the form I linked to would serve as petitioning the court for the annulment and right there on the form one of the reasons is fraud. There is case law going back to the early 1900's for annulment for marriage for fraud in NH and it is an option on the official petition so I suggest you get a new lawyer that actually knows what they are talking about.

[Avery Cates 1,141]

Thank you.

Here are the two laws (and only two statutes--no other, see the form) that apply:

Chapter 458 Annulment, Divorce And Separation

458:1 Without Decree.

All marriages prohibited by law on account of the consanguinity or affinity of the parties, or where either has a former wife or husband living, knowing such wife or husband to be alive and knowing that their marriage had not been legally dissolved, if solemnized in this state, shall be absolutely void without any legal process.

458:2 Petitions.

If any doubt exists whether any marriage is void, or as to the effect of any former decree of divorce or nullity between the parties, a petition may be filed as in other cases, and a decree of divorce or nullity may be made.

In short, if you're married and not divorced and then marry again--it is grounds for annulment.

Simple, and "fraud" is not a cause of action, though I wish it was.

Now, if you want to prove otherwise, please do so.

One problem with law that I've come across again and again is that the average lay person often tries to simply apply their "logic." Yet the logic of the law is often very, very different than what "common logic" is.

Section 13 of the Annulment form: "State the cause for this annulment." One option, "Marriage induced by fraud."

[yailukmuu 26]

Section 13 of the Annulment form: "State the cause for this annulment." One option, "Marriage induced by fraud."

Thank you counselor.

Ah, if only you could practice in NH. The lawyers here must be very dumb because I just finished short "free consults" with another two. "Fraud is not a cause of action suitable for annulment.

Avery up one,

Three NH divorce lawyers down.

[belinda63 3,038]

Best as I know an annulment is almost impossible to obtain unless you can prove the marriage was not consummated (hard to prove), not legal, or blatant fraud (a man pretending to be a woman, major defect which would prevent sex, etc.). Don't worry about the annulment just go for the divorce.

Right now you should be moving heaven and earth to have your I-864 pulled. I would be sending certified, return receipt letters to every place I could think of, going to the local office and submitting in writing the request to withdraw the I-864 (obtain the name of the person you submit it to), contacting my congressperson, etc. I doubt she will leave even if the green card is denied but at least you won't be on the hook for her.

[yailukmuu 26]

Best as I know an annulment is almost impossible to obtain unless you can prove the marriage was not consummated (hard to prove), not legal, or blatant fraud (a man pretending to be a woman, major defect which would prevent sex, etc.). Don't worry about the annulment just go for the divorce.

Right now you should be moving heaven and earth to have your I-864 pulled. I would be sending certified, return receipt letters to every place I could think of, going to the local office and submitting in writing the request to withdraw the I-864 (obtain the name of the person you submit it to), contacting my congressperson, etc. I doubt she will leave even if the green card is denied but at least you won't be on the hook for her.

All done long ago. Divorce papers served long ago. Documents and letter to USCIS at proper address (receipt shows Jan 21), followup visit at Infopass, a week later. Another visit to Infopass yesterday got only a "we can't tell you anything." Request and document to staffer who deals with USCIS both to Congresswoman and to Senator done. There is now only hope left.

As for annulment, State law rules, and virtually every state is different. Three lawyers in NH now have said; "You cannot annul in NH unless you can show she was married and never divorced," and she wasn't. I imagine she won't respond to the divorce papers and sort of hope she doesn't. NH Court in this case is not likely to give someone married for 35 days, who abandons and then tries to hide her location a thing.

As far as the green card, if she gets one--I'll never know. If she files a VAWA case I'll never know. Unless someday she receives public funds for something and then *poof* I'll get a bill, for $2,000 or maybe $22,000.

I think that I need to create a webpage and enlighten every potential scammer in the world on exactly how to scam and tell them just how USCIS will not even adjudicate. I should include every agency and explain all the benefits. They don't even allow the accused to say "boo;" they allow no evidence and America is full of well funded enablers who, if you read documents, essentially coach. Then when we start getting 3000 of these attempts a day--then something might be done. Otherwise it's status quo. C'mon we have 11,500,000 illegals here. Does anyone really think our government takes this seriously?

Don't get me wrong about VAWA, at the base of it it's a good law. The problem is that retroactive USCIS investigation show that evidence only proves that the case has merits in less than 20% of cases. As it stands VAWA is a travesty. I'll bet that there are now 240 cases a day or more based upon the only data that I can find which is 2002 and 2006, extrapolate the curve and it's pushing 200 scam actions. And this ignores people who just use Americans to get here and don't even care if they are legal and who don't or can't use VAWA. Places like Phoenix, AZ have entire billion dollar economical systems that illegals work within. For every one of those theoretical improper VAWA claims--there is a trashed human, trashed emotionally and physically. For the 40 cases that have merit--well, that is a good thing.

There are plenty of immigrants with good intentions and good hearts and I fear that the % of those without is growing year by year and will continue to grow as the world economy sinks.

Edited February 25, 2014 by yailukmuu

[aussie_jason 195]

There is so much conflicting information in this thread from the OP, only just now has the fact that he served divorce papers a month ago surfaced and at times he states the only grounds for annulment in NH is religious reasons and at others that it is if his wife had a pre-existing marriage. Not to mention all the inconsistencies in the story and timeline, I'd be very interested in hearing the other side of the story.

Edited February 25, 2014 by aussie_jason

[Harpa Timsah 13,258]

OP: Are you the one who got the K-1 visa even though you were unemployed at the time? Because you showed old tax returns and they didn't ask for proof of current employment. If it was you, I recall trying to tell you that the embassy issued the visa in error, because an unemployed person was not qualified to be a sponsor, even if past income was good, but I recall the person just argued with me and said it was all correct and it would be wrong to punish an unemployed person.

Was that you? If so, what do you think now?

[Avery Cates 1,141]

Thank you counselor.

Ah, if only you could practice in NH. The lawyers here must be very dumb because I just finished short "free consults" with another two. "Fraud is not a cause of action suitable for annulment.

Avery up one,

Three NH divorce lawyers down.

This seems similar to your case, eh?:

http://www.visajourney.com/forums/topic/482656-k1-visa-married-but-now-separated-false-domestic-violence/

[yailukmuu 26]

This seems similar to your case, eh?:

http://www.visajourney.com/forums/topic/482656-k1-visa-married-but-now-separated-false-domestic-violence/

Thanks for your input Avery.

Not really Avery, that's a false VAWA allegation, here there is no known VAWA allegations, though I'm taking your suggestions about the possibility of an annulment to heart and going to lengths to hear several opinions, so I'll update as that happens.

The timing is similar yes, and if it turns out that there is a "potential" coach here in the US, then that makes it similar.

Here at VJ we might see a tiny fraction of all those doing K-1 visas. From USCIS data review on VAWA allegations afer the fact, USCIS point out that about 80% do not meet the form of abuse that the law was intended to protect against. Though I have only numbers from case studies in 2002 and 2006, if one extrapolates to 2014 it is likely that VAWA claims this year that are allowed but which do not meet the abuse requirements exceed 100 per day!

Timing is critical too, as is luck, in fact I'd like to know if my spouse has, as I think is likely the case, gotten a GC, because if so, that could insulate me from a false VAWA claim. I think few that look into VAWA would say that the law is functioning properly.

I'm pursuing your idea of annulment because--if I can even find one single case that's similar I will go for that. Why? Because even with GC in hand--the requirments--marriage was never met, thus it seems that the GC would be revoked.

With what is going in in Ukraine and Russia as well as the former Soviet countries I expect a deluge of such claims.. In fact the Supervisor at my Monday Infopass appointment indicated that she was surprised "at the country," I said: "Nigeria?" She said: "No, Russia."

The world is hurting (as compared, let's say to 2006/7) and globally it seems that honesty is becoming a non-reality. So why not do things like this--not to say I ever would, but I cannot put myself into the shoes of someone who, as my spouse's opportunity, could earn perhaps $100 a month. Desperate times make for desperate measures--I just think I was unlucky to run into such a competent pair or perhaps such a competent illegal in Arizona to act as a coach.