how can I have wife removed for marriage fraud?

[Avery Cates 1,141]

Yes. Scammers are so ignorant. No possibility playing stupid games will backfire on him.

How about he approach this situation as an adult and actually use the law?

He can do whatever he likes.

[verysadguy 170]

How about he approach this situation as an adult and actually use the law?

I believe this poster will leverage the system to his advantage. But his wife probably will too.

[*Snowdrop* 604]

She's done something horrible to you. And if you don't apply for her green card then she will be here illegally and may be deported.

She's not shown the best judgement so far but apart from that has she been a good mother to the child you have together? How strong is the bond between them? Are you going to allow her to maintain a relationship with her child if you have custody? How will your child feel now and in the future if she is unable to see her mother?

Some things I hope you are thinking about for the sake of your child.

[Kev-N-Ann 45]

Tell her you're going to travel with her back to Vietnam so that the two of you can retrieve the child and bring it back to the US.

Once in Vietnam, give her a bit of the ol' razzle dazzle at the airport and get on the next available back to the US yourself. Even if she manages to get a flight back and is somehow allowed on the flight, once she gets to CBP they won't let her in as she has no visa or GC.

Then file for divorce and move on with your life.

The only way you're going to be getting her out of the country is if she goes willingly. Under false pretense won't matter any, that's just the tables turning on her.

WOW!

[LoveMyTico 999]

^{A little fun for Saturday afternoon while we wait or Monday}

Edited May 3, 2014 by LoveMyTico

[Leatherneck 693]

_{Child in USA is mine and born here, the child in Vietnam is not mine. We don't get along at all so I want to divorce and take care of our child here by myself. But I don't want to put up with wife in US who lied to come here and sends all her money back home and sticks me with paying all the bills}

Then make her challenge you for physical custody of your child -- you have just as much of a right to parent the minor child as she does. Put the advantage in your court by having her prove in family court you are an unfit parent.

Gone are the days of built-in bias when the mother was automatically presumed by judges to be the more suitable parent of a minor child. Not getting along -- move away from her to protect yourself from any bogus claims.

If you have physical custody of the child prior to any court filings (divorce & child custody), then she must convince the court to remove the child from your custody.

Cheaper to pay for only an apartment for her until the divorce, custody, and child support issues are settled rather than you leave the child with her knowing the DA will nail you to the wall with a temporary support order of support until the process drags to a conclusion.

[Boiler 45,466]

Wonder what evidence there is for this child, reading between the lines it may have been something she said to piss him off.

Anyway:

To the extent anything posted on here can be true,

What evidence is there of the first childs parentage. What evidence could be obtained?

An annulment? They have been married for 2 years and have a child.

She has been here 2 plus years and he has done nothing to adjust her status, sounds VAWA ish to start off with.

Assuming they divorce, her status has nothing to do with any Court mandate, I have often wondered about the I 134 in this case, I know it is not effective as far as Federal benefits are concerned, but in a Divorce case?

She has been sending her money home, what money, is she working?

It is extremely unusual for what would be a single mother to be deported, to think ICE will come looking for her is delusional.

PS The lets go on holiday has been done, PI I seem to remember and the child did not go.

[Boiler 45,466]

Then make her challenge you for physical custody of your child -- you have just as much of a right to parent the minor child as she does. Put the advantage in your court by having her prove in family court you are an unfit parent.

Gone are the days of built-in bias when the mother was automatically presumed by judges to be the more suitable parent of a minor child. Not getting along -- move away from her to protect yourself from any bogus claims.

If you have physical custody of the child prior to any court filings (divorce & child custody), then she must convince the court to remove the child from your custody.

Cheaper to pay for only an apartment for her until the divorce, custody, and child support issues are settled rather than you leave the child with her knowing the DA will nail you to the wall with a temporary support order of support until the process drags to a conclusion.

He works, how is he supposed to look after a small child?

[aaron2020 11,651]

He works, how is he supposed to look after a small child?

Lots of single women work and care for their children.

Why can't he?'

[aaron2020 11,651]

Wonder what evidence there is for this child, reading between the lines it may have been something she said to piss him off.

Anyway:

To the extent anything posted on here can be true,

What evidence is there of the first childs parentage. What evidence could be obtained?

An annulment? They have been married for 2 years and have a child.

She has been here 2 plus years and he has done nothing to adjust her status, sounds VAWA ish to start off with.

Assuming they divorce, her status has nothing to do with any Court mandate, I have often wondered about the I 134 in this case, I know it is not effective as far as Federal benefits are concerned, but in a Divorce case?

She has been sending her money home, what money, is she working?

It is extremely unusual for what would be a single mother to be deported, to think ICE will come looking for her is delusional.

PS The lets go on holiday has been done, PI I seem to remember and the child did not go.

Oh god.

What's the logic for her telling him the child is dead if it was his and a DNA test would allow her to bring the child to the US? The obvious answer is she didn't want a DNA test which would have resulted in the OP not bringing her to the US.

What does being married and having children do with not being able to get an annulment for fraud?

What is the basis for you doubting this? Your guts again? Because you think something should be a certain way, so you think the law should follow?

Edited May 3, 2014 by aaron2020

[Boiler 45,466]

Looks like he is on the East Coast, NY basics, I am sure reality is more complicated. He may be in another State with different rules.

Fraud generally means the intentional deception of the Plaintiff by the Defendant in order to induce the Plaintiff to marry. The misrepresentation must be substantial in nature, and the Plaintiff's consent to the marriage predicated on the Defendant’s statement. The perpetration of the fraud (prior to the marriage), and the discovery of the fraud (subsequent to the marriage) must be proven by corroboration of a witness or other external proof, even if the Defendant admits guilt (DRL §144).

He can hardly say he married her because she was pregnant with his child as that was a historical issue.

So he would be saying he wanted an annulment because she got pregnant before they married and said it was his and was not and somehow this induced him to get married?

And where is the evidence?

Annulment gets thrown around a lot on here, from what I gather it is in the real world a relatively rare event.

Edited May 3, 2014 by Boiler

[Leatherneck 693]

He works, how is he supposed to look after a small child?

I did it and so have millions of other men. The same child care available to single mothers is available to single fathers.

The fact that a father can take his child prior to any court filings and be gone is the dirty little strategy no one shared with men.

[Ebunoluwa 6,136]

First and foremost, what is best for the child ? Will the child feel abandoned if her mother vanishes from one day to the next ?

Getting her on a plane under pretense is not a good idea. It is traumatic for the child and way too much drama.
It's not about revenge here and getting the last laugh in but it's about the child.

Settle your divorce/support issues in court and leave the idea of 'wanting to deport her' alone. Let the chips fall where they may.
She lied to immigration so it is her problem, not yours. You have enough on your plate dealing with the divorce and custody.

It is probable that she would get picked up some day after you inform ICE. Whether it happens or not should not keep you awake

at night but focus on what is best for your little one who has done nothing to deserve any of this mess and wants

his mother as long as possible.

Get the living arrangement and custody sorted out a.s.a.p and don't be alone with her.

When did she tell you this ? Before or after your child ? Did she tell you out of anger during a fight or from a place of remorse

and guilt ? What is the reason you did not get the papers for her GC started for the past 2 years ?

Does she have an income herself to send money home or did you initially agree to it with your money and now

resent it ?

Sorry that you are going through this and I hope things will work out for you and your little one.

[hope2018 25]

She would never get on a plane. No way. And he would run the risk of being charged with kidnapping. No joke. I am never ever alone with my ex. NEVER. These scammers all know what to do. In Vietnam almost every single girl knows why other girls go to the USA. For GC and money. And they know how to get it. Sexual favors. I had 3 ex friends of my ex-wife who are still in Vietnam and told me it was all a scam just to get to the USA. You think VAWA and FDNS and ICE really care? I don't. They are busy with big time criminals. They don't care about some 2 bit fraudsters.

However, he should turn in all hard evidence he can possibly find and turn it in. No reason in giving a liar and a cheat a free pass to a GC.

By the way, I did a DNA test right after my baby was born, too, especially when my then wife and new mother sent 1 day old newborn pictures of my daughter from the hospital to her lover in Vietnam.

Scammers are everywhere in this world. Not all Viet girls go to the USA for GC and money. You just met a wrong person.

[novedsac 355]

She has been here 2 plus years and he has done nothing to adjust her status, sounds VAWA ish to start off with.

This is what has caught my attention - begs the question as to why someone would be married in excess of two years and still not have adjusted status.

Kinda understand why they may not be 'getting along' at this point. She may be looking for a way out of situation which isn't clear to us here.