nightmare k1 marriage

[Mike-eeh and Odie 193]

the next person that will come out of the woodwork would be her "secret" lover/husband.

Which could very well be her "brother."

[LoveMyTico 999]

was the brother the one who brought that child illegally? I would say call ICE. Mention human trafficking with a child involved and you might get a fast response. Let ICE deal with them.

File a restraining order and make sure to explain EVERYTHING in the documentation . CYA. CYA CYA

and I agree with most of the posts. I just don't understand how you did not know about a 2 year old child? How long did you know her before you married her? I would lay a paycheck on the table and bet this was all planned. Maybe she was even paid to marry an American to provide a place for other illegals when they cross. IDK just thinking out loud .

[Pianist27 31]

It does if he is the solely owner, that is why I've asked who owns it (meaning who is in the title). Wife is different, a spouse has rights, a brother or other relative of spouse has none when it comes to residency at someone's else home. Less if the person becomes threatening, as it has bee posted.

Imagine he calls the police because the "brother" hit him. They show up, and the wife insists the brother was defending her, then what? She's making up stories already, why not another one? Maybe the cop believes the wife instead, and the homeowner is screwed even though it is his house.

An order from a family court judge throwing her out of the house gives him the legal ammunition he needs and no cop will question it. Someone with her ethics and credibility is not to be trifled with. I hope he has a good lawyer.

[Boiler 45,922]

The chances of ICE doing anything are miniscule, so by all means do it, just do not expect any action.

[Villanelle 4,122]

Hmm

Well there are a lot of things being posted here that are well intentioned but dont actually jive with the way things work in the real world Im sorry to say. On paper yeah, great plan, but to implement it- no way...

So starting with the most immediate concern- "the brother". Reporting an illegal to ICE- waste of time. He would be so low on their priorities to pick up, it just wouldnt happen. (sorry) I posted in another thread recently about Morton memos and their priorities if anyone is interested google it.

Op- you said you went to the police and they werent interested or something like that. What exactly for? Ideally you would like to go to the police and speak to a detective there and report harassment or a threat and get a police report or incident number. You would then go down to the clerks office and file a protection order. There are different kinds- some for domestic like spouses/bf -gf some for people with no relation. Im not sure what he would be to you. I mean he lives in your house, you are kind of related. The clerk can help you. The main point is you want the immediate ex parte order. Its one that is placed in effect immediately. You go before a judge alone and explain why you need one right now so badly. Its temporary until a hearing takes place a week or so later where you both appear and the judge can decide if if it should be temporary or not.

Once you get the temp order you can return home with the police and the order and he will be served it and removed from the home. If he comes back he will be arrested.

As for the wife. As many have said- do not bother filing AOS, It will be a waste of money because as you can see your marriage isnt going anywhere/ It doesnt really matter that the 90 days has passed so much. She will be technically be in overstay but wont receive a ban if she leaves before 180 days from when her k1 expired. So she has plenty of time.

Because you are married, she can file for VAWA. This can be very dangerous for you as VAWA can be based on physical abuse or mental abuse. It is not unheard of for scammers (and your spouse seems to fit that definition) to stage a domestic violence scene and set the Mr up so they can obtain a police report to use for a VAWA claim.

Someone suggested setting up nanny cams in the home if you must be there together or simply not being alone with her. Both good ideas. You do need to immediately file for divorce from her and in the papers specify that she moves out. How that will go over- I dont know. They may require you to move out or to pay for her housing or help pay for it since she has no job and can not work. Your divorce papers should allege all the fraud so hopefully that will be taken into consideration. Divorces can take I think 6 months in CA. (not sure about the annulment angle) that you need to speak to a lawyer about. Perhaps you should seriously consider staying at a hotel or with family until you file papers that require you two to live separately to protect yourself from false claims of abuse. Most divorce paperwork also comes with a built in restraining order clause about not harassing each other or destroying property. After you file though if she does not respect it you can file like you did with the brother a tougher order.

You have no basis right now to go to court and ask for an order against her as she has not threatened you or harmed you in any way.

As for "the child". lol. The best you can do is send a letter explaining what you know, or think you know to USCIS, or bring it to your local office to have it attached to her A file. Lest we not forget the child- lets call him 'Peter' has a birth certificate and she is not listed on it. So what kind of proof do you have exactly that Peter is not the child of Mary and Paul but the child of your wife and unknown rapist? What proof do you have that the BC is a fake?

Seriously you are going to collect DNA samples from Peter and your wife and pay to have them tested and along with the BC to USCIS? Because USCIS is not going to call them both in and collect samples. Secondly the BC may not be a "fake" at all. It could be an authentic fraudulent document.

It is very common in that country, if you have the right connections to purchase BCs from government officials. Real authentic BCs that they log in the books. (my previous spouse had 3 different BCs from there that believe it or not he turned in to USCIS at various times and for various complicated reasons nothing was ever done about it) Generally for children under 14 no biometrics are taken just a photo. Occasionally they will take just the index finger- but if they dont- well... kids grown and change and with no print and a different set of docs making a new A file... you see how it goes. But you didnt really specify if the BC used to get him in was one of USC childs or a perm resident child.

Its a tough call to decide whether to add the child to the divorce papers. Technically she has no child, she has no BC she can present that you know of. Im assuming the child is in your home as well. Its a tricky play. You can possibly add to the divorce papers that she must leave and the child she is caring for that is Mr and Mrs whomevers shall be returned to Mr and Mrs or turned over to child protection services. If she responds back with it is my child- well then thats something you can submit to USCIS. Consult with an attny on how to proceed with wording on that one.

There are a lot of ways to stir the pot here- aggressively, soft and gentle or just enough to not let it burn. Depends on what kind of action you want to take and how much you are comfortable with. What you have to keep in mind though is you are dealing with people who dont respect the traditional laws. So getting a lawful legal victory... well it can mean nothing. Because you can 'win' and take away their papers and be all satisfied and smug but they will just come back with another set of fake authentic or just illegal. So I would urge you to not focus on justice but just on protecting yourself and moving on/cutting ties and not looking back.

[Gosia & Tito 199]

Imagine he calls the police because the "brother" hit him. They show up, and the wife insists the brother was defending her, then what? She's making up stories already, why not another one? Maybe the cop believes the wife instead, and the homeowner is screwed even though it is his house.

An order from a family court judge throwing her out of the house gives him the legal ammunition he needs and no cop will question it. Someone with her ethics and credibility is not to be trifled with. I hope he has a good lawyer.

You are moving into possible scenarios. And if you are in TX, the Stand your ground law is sufficient to not only kick out alleged brother but have an even more direct and forceful action. I am not advocating any of that though.

All I stated is that as sole owner, he gets to decide who is allowed to be in the house and who isn't. Outside of spouse, for which I didn't to kick out -and you would need a court order as you noted; but for any other there is no need

Second to that, one thing is what you can say and another what you can prove. And while cops are not in that department, that is why I noted earlier to have over a couple of friends, not only to 'enforce' the kicking out, but as witnesses.

As others have noted, OP needs to also be careful with possible VAWA situations afterwards.

[Needhelp164 11]

was the brother the one who brought that child illegally? I would say call ICE. Mention human trafficking with a child involved and you might get a fast response. Let ICE deal with them.

File a restraining order and make sure to explain EVERYTHING in the documentation . CYA. CYA CYA

and I agree with most of the posts. I just don't understand how you did not know about a 2 year old child? How long did you know her before you married her? I would lay a paycheck on the table and bet this was all planned. Maybe she was even paid to marry an American to provide a place for other illegals when they cross. IDK just thinking out loud .

I explained how I did not know on an earlier post.

[wendi_adouama 0]

I'm so so sorry that you have to go through this....

Unfortunately, my personal opinion is that things will only get worse, so cut ties and run while you can!

[Marco&Bettina 502]

Needhelp164

since you posted this yesterday, have you taken any action thus far? You don't have to tell me or any of us what action. I'm just curious if you've done anything yet. Time is critical. You are ahead of this if you take the upper hand & take action. If you are at work, & they are conspiring at home, you are already losing the battle. You will find yourself in the losing corner before you can even blink once. They are very crafty individuals, as you no doubt already know.

Edit: Please don't wait for any reason. Delaying this will only put you in the wrong position. Then you will face an uphill battle worse than the one you already face.

Edited February 10, 2015 by Marco&Bettina

[Cyberfx1024 7,980]

Where in Cali are you at? I say this because usually depending on the county you live in will determine how fast you can kick them out. But I would start with a TRO (Temporary Restraining Order) and then get him out. Once that happens then change the locks ASAP and don't give her a key. Sorry but I am a jerk when it comes to things like this.

[novedsac 355]

You can read up on VAWA here, you also need to be aware of the U visa. You would not be the first person to be set up.

If the marriage is annuled (instead of divorced), does that remove her basis for a VAWA claim?

If so, then I think the time and effort to pursue an anunlment would be worth the potential peace of mind.

[novedsac 355]

And I am sure you are aware that your fiancé is doing her best now to get pregnant so she can get a 18 year pension payments from you.

Pensions are available to dads now?

Damn, after having three kids on my payroll all these years, there's something in it for me (besides the obvious and more tangible joy of simply having the kids come home with 'love ya dad, can I borrow the car?')

[Needhelp164 11]

To answer some posts above. I do believe that is her brother. I have met him before, I have met the familly, seen pictures when they were kids.

I do believe in this case blood will be thicker than water. When I get the TRO against him she will move out.

I can't believe it, but he actually referred to himself as a psycopath! I wonder if that is the new teen fad that is going on. He is nineteen.

One poster above said that I should invite my friends over. I thought about that but what happens next is unpredictable.

The only option is to get a TRO against him and file for divorce.

[Needhelp164 11]

I am just playing cool now until I get the TRO. I got to watch out for false VAWA.

[Sunnyland 639]

Needhelp164

since you posted this yesterday, have you taken any action thus far? You don't have to tell me or any of us what action. I'm just curious if you've done anything yet. Time is critical. You are ahead of this if you take the upper hand & take action. If you are at work, & they are conspiring at home, you are already losing the battle. You will find yourself in the losing corner before you can even blink once. They are very crafty individuals, as you no doubt already know.

Edit: Please don't wait for any reason. Delaying this will only put you in the wrong position. Then you will face an uphill battle worse than the one you already face.

Well Said! It seems the OP's wife had this planned all along. Like others said the brother could be easily her man. Why the need to lie about a kid? And why the rush in bringing her bro illegally to US? This all smells fishy.

Protects your assets! Wishing you all the luck, and hope the OP stays protected. These people look dangerous.