how can I have wife removed for marriage fraud?

[Avery Cates 1,141]

We work together same place as 1099ers. I have no choice I cannot feed 3 people, diapers, dr. visits on just 1 check. I get a check she gets a check made out to me, I endorse and she puts in her bank account. Her GC app was declined last yr due to insufficient income and assets I didn't use a co sponsor. USCIS said we have to reapply and pay fees again I have yet to do so which is why she has no GC

If you're having trouble affording things, why in the world are you putting the money into her bank account, to be sent back to her family? That money should be locked away hard in a personal account in your name only.

I fear you're going to have some mighty fine trouble with the IRS with both of you receiving 1099-MISCs under your Social Security number.

[Karee 4,190]

And people wonder why HCMC is such a difficult consulate to deal with.

[Avery Cates 1,141]

To be fair, it may or may not be his own fault. Some employers will intentionally mis-classify workers as 1099 Independent Contractors to skip on their payroll taxes. Especially one that's looking over an obvious double use of a Social Security number, it's not too far fetched that the employer may be at fault.

Edited May 5, 2014 by Kathryn41
to remove quoted 'trolling' post

[verysadguy 170]

Here is the basis for annulment.

She told him she was having his baby and it died. She was lying. She was concealing she had another man's baby. If she had told the OP the truth, would he have married her? No. So she tricked him by lying to him. Her motivation? To get to the US by him getting her a K-1. Ergo, she committed fraud to get him to marry her so she can immigrate to the US.

How long they have been married and the child they have together are irrelevant because neither has anything to do with her tricking him into marriage.

The 4 years statue of limitation starts when he discovered the fraud. That is when she told him.

The SSN fraud is a separate issue and has nothing to do with getting an annulment based on fraud.

This is similar to my situation. She had a lover the entire courtship and engagement. Pregnancy had to be DNA tested. Of course I never would have married her or even been friendly with a sociopath like mine. Now I'm stuck with her, and after only 6 months married and in the USA, our wonderful USCIS is letting her stay here. ChaCHING. Nothing like cheating one's way to the USA for money. And every girl in Vietnam knows this.

As for HCMC being difficult, it is not. I've worked with them over the years and they are great. They answer emails promptly, only request RFE's if you don't follow the paper trail rules, and approve fairly quickly for the GIGANTIC volume of visa applications they have to process.

As for the poster who insulted Vietnam as dirty poor etc. that is just racist. It is a poor country, but there are many proud, hard working, and decent people who seek visas to the USA and many other countries. As I've said before do not trust relatives or your instincts. Hire a private investigator in Vietnam to do your background check for hidden children, marriages, and lovers. I wish I had.

This OP has a challenge financially it seems and is in for a long rough road, possibly worse than mine. Job #1 is to get her out of the house legally. Sadly, he will take an income hit right off the bat with that weird shared SSN and 1099 deal. It doesn't sound like he has strong credibly evidence, but he could conceivably write to the US Consulate in HCMC with her A number attached and start his fraud claim. INFOPASS for sure ASAP. Also, similar letters to HSI and FDNS. Either way, a 2 year marriage with a 19 month old is going to cost him dearly.

[xgrnberet1 19]

And people wonder why HCMC is such a difficult consulate to deal with.

And I wondered the exact same thing about Thailand !!!!

[Karee 4,190]

And I wondered the exact same thing about Thailand !!!!

[TBoneTX 45,266]

Posts removed and a member thread-banned for racist comments. Any further such will draw more severe penalties.

[WantOut 2]

All I can say is wow....what a situation the OP is in.....what is worse is all the bad advise he has been given. OP - Listen to Postmaster and reread what he has written. You are in a legal mess that could end up costing you. Trust me, I have been there before. Before you do anything else you better start Googling lawyers in your area. I would suggest one works in both immigration and family law. Most will give you a half hour or an hour of fee consultation. Bring to them as much documentation as you can. This will cost you a little up front but will save you thousands down the road. While you haven't signed the I-864 yet, I am pretty sure you signed the I-134. While the I-134 doesn't have as much bite as the I-864 you could still be on the hook if she falls into the support of the government. The abuse thing is real so be careful. And abuse claims don't always have to be in the physical form. Fraud? Very tough to claim so tread lightly.

This forum and web site is a great place to get information but it is not always correct. I can't stress enough to seek the advice of a lawyer before you dig yourself deeper into the hole.

[EM_Vandaveer 2,408]

I-134 is about the 90 days that a K-1 entrant "gets" on their I-94, isn't it? Those 90 days were up a long time ago.

Edited May 5, 2014 by EM_Vandaveer

[novedsac 355]

Looking for a lawyer who works in both immigration and family law is most likely going to result in a lawyer who is not very good at either. In my experience, most family lawyers who say they understand immigration are only adept at filling out forms, getting the random illegal alien off a DUI charge or something along those lines.

Besides, the OP doesn't have an immigration problem. His soon-to-be ex-wife does.

OP should focus on the divorce and custody issues.

OP should also seek the advice of a competent tax attorney, based on the some of the information he's presented here.

Edited May 5, 2014 by novedsac

[verysadguy 170]

All I can say is wow....what a situation the OP is in.....what is worse is all the bad advise he has been given. OP - Listen to Postmaster and reread what he has written. You are in a legal mess that could end up costing you. Trust me, I have been there before. Before you do anything else you better start Googling lawyers in your area. I would suggest one works in both immigration and family law. Most will give you a half hour or an hour of fee consultation. Bring to them as much documentation as you can. This will cost you a little up front but will save you thousands down the road. While you haven't signed the I-864 yet, I am pretty sure you signed the I-134. While the I-134 doesn't have as much bite as the I-864 you could still be on the hook if she falls into the support of the government. The abuse thing is real so be careful. And abuse claims don't always have to be in the physical form. Fraud? Very tough to claim so tread lightly.

This forum and web site is a great place to get information but it is not always correct. I can't stress enough to seek the advice of a lawyer before you dig yourself deeper into the hole.

I filed an I-134 and no 864. I was on the hook for ZERO for my ex in terms of support. At issue here is a 2 year marriage and a child. That is going to cost this OP an arm and a leg. The lawyer will save the toenails and other body parts.

[novedsac 355]

The I-134 is going no where. Waste of time to even worry about it.

[Jawaree 717]

Dude that was a cold blow....very conniving, I would report it

stay away from her...and there are many single dads all over

the world.

[Fan_Dancer 171]

I think she could make an excellent attempt at VAWA - married two years and not allowed to adjust? I am sorry, but that IS abuse, unless it is something they both agreed on for some reason (like save money, and apply for the 10 years green card). And on top of that, trying to deport a mother and separate her from her very young child - such actions make the husband come across as a controlling jerk.

[Fan_Dancer 171]

We work together same place as 1099ers. I have no choice I cannot feed 3 people, diapers, dr. visits on just 1 check. I get a check she gets a check made out to me, I endorse and she puts in her bank account. Her GC app was declined last yr due to insufficient income and assets I didn't use a co sponsor. USCIS said we have to reapply and pay fees again I have yet to do so which is why she has no GC

My bad.

Was there no certificate of death for the child?