MarrIage and Visa Fraud

[Harmonia 211]

So you got a divorce citing fraud due to infidelity and abandonment?

[WandY 430]

Fraud is not a legal ground for divorce in Texas (adultery, cruelty, felony conviction and abandonment).

Wrong. Fraud is an absolute pleading for divorce in every state. It is one of a few grounds for annulment in the U.S., as well as abandonment - applicable in this case (maybe). The pleadings for fraud will vary state-to-state, but suffice it to say that it encompasses a plethora of legal arguments. To procure a contract (such as marriage) through fraud will usually lead to a void/voidable contract.

[Shiobhan 235]

So I remember you, I say move on and be careful

He may however get to stay, so forget him

Those jumping through hoops and not really knowing a

person should think twice about these marriages or K1

many need to read and take heed.

[Transborderwife 4,666]

Wrong. Fraud is an absolute pleading for divorce in every state. It is one of a few grounds for annulment in the U.S., as well as abandonment - applicable in this case (maybe). The pleadings for fraud will vary state-to-state, but suffice it to say that it encompasses a plethora of legal arguments. To procure a contract (such as marriage) through fraud will usually lead to a void/voidable contract.

Yes, I said that abandonment was a grounds. In Texas fraud isn't a direct ground for divorce. Usually though one of the grounds is a result of the marital fraud however.

[Boiler 45,482]

I was wondering how long it would take to get to annulment.

[templeton 120]

OP I truly wish you good luck. Like others say, he can apply to remove conditions on his own, and he almost certainly knew it. You will still be on the hook for the affidavit of support you signed.

Obviously on its surface it would seem like immigration fraud. Unfortunately, proving it is another matter altogether as marriage fraud technically doesn't equal immigration fraud to USCIS, even in cases where the evidence seems hard to dispute. If nothing else, what you sent might at least make for some uncomfortable questions come his interview time. Obviously I don't know all that you have, nor is the decision up to me anyway, but based on anecdotal evidence from this site, don't expect much to happen.

Even when there's an admission of guilt after the fact, it's still not enough as he can simply claim it was in anger or out of spite. Statements from others mean next to nothing. People threaten to report legal immigrants as frauds all the time, so USCIS puts almost no stock in it. The length of time you were together and all those things you described doing to help him out can now be used by him to claim that the relationship was legit (at least when it started). In the end, evidence of being a ##### spouse doesn't mean anything, and he can craft whatever story he wants to justify his side of why things went the way they did during the marriage, which may also include putting at least some of the blame on you.

Really, unless you have some sort of evidence dating back from before he immigrated that confirms he was only in it for the green card, it seems very difficult to get USCIS to take any action.

At this point it's all out of your control anyway, so I think your statement about putting the situation behind you and moving on is the best advice you can give yourself.

bypassing language filter

Edited May 11, 2016 by Ontarkie

[FxL 39]

the point of the f1 and CR1 visas was to keep families TOGETHER. Well obviously you guys aren't "family" anymore since the divorce. The reason which he should be sent back to DR. But that's my opinion. As someone who is still waiting for my family from across the world, I have strong feelings for those kind of people that will lie cheat steal to get their way here.

I wish you nothing but the best. I pray God will heal your heart and you find true love someday. I feel angry for you! Ugh. Whyyyy?!

[Caykay1 71]

Too bad he had this intentions. However, if he has the two years green card, he can apply to get ten years and after apply for citizenship. He doesn't need you in the next process going forward. The only benefit staying married is he could have apple for citizenship in just three years.

[SunflowerSweet 1,321]

the point of the f1 and CR1 visas was to keep families TOGETHER. Well obviously you guys aren't "family" anymore since the divorce. The reason which he should be sent back to DR. But that's my opinion. As someone who is still waiting for my family from across the world, I have strong feelings for those kind of people that will lie cheat steal to get their way here.

I wish you nothing but the best. I pray God will heal your heart and you find true love someday. I feel angry for you! Ugh. Whyyyy?!

You mean k1, correct?

USC and her husband were a family at the time the visa was issued. It is frustrating there really isn't much that can be done.

[thrashunreal 20]

Let it go.

He'll no doubt get his way and have planned it all. My fiance got fleeced for a green card, we haven't given the girl a second thought. It's annoying he is her 'sponsor' still, but now he has met someone he really loves and who really loves him (me), and we are taking things slowly to make sure we get it right.

Just learn your lesson and make more measured decisions in the future. Harming him - in spite of what a horrible person he is according to you - isn't going to add any value or happiness to your life. Two wrongs do not make a right, just hope karma gets him.

[subwayguy 100]

Thanks so much. I'm happy now. I'm involved with a wonderful loving man and I feel very blessed to be out of that relationship. I invested over $10,000 dollars in him, the whole process, paid by me. I feel like the biggest idiot in the world, but it happens to the best of us. I'm better off now!

so, you are a female, you married a male and you said your husband went off with a man?

[thrashunreal 20]

I don't understand why it is an issue if he went off with a male or female. Kind of deviating from the point.

[kbrookeq 7]

Wrong. Fraud is an absolute pleading for divorce in every state. It is one of a few grounds for annulment in the U.S., as well as abandonment - applicable in this case (maybe). The pleadings for fraud will vary state-to-state, but suffice it to say that it encompasses a plethora of legal arguments. To procure a contract (such as marriage) through fraud will usually lead to a void/voidable contract.

Saying that fraud is legitimate in every state for divorce is actually false. In CA, where I am...and have studied law, the courts do not recognize any fault based reasons as grounds for a divorce. Fraud IS, however, grounds for an annulment.

[THEMSRILEY 4]

People always say let it go. But I know for a fact, that you can present your evidence and hope for the best. But with all the evidence that you have, regardless of what he says, they can send him back because of the fraud. If it was me, I would be singing like a humming bird and get him sent back. If you want to try it go ahead and then yes you will be released from the AOS.

[thrashunreal 20]

He just isn't getting sent back. It won't happen.