What happens after USC spouse files annulment of fraud before ROC?

[Emotions 0]

Hey VJers

The main points about my story;

I Came here to the US with my kids through a CR1 visa less than 7 months ago.

TODAY, I had the police officers help me take most of my belongings from the(our) house with the help one of HIS closest relatives.

Husband: he threatened me whenever he never got his way ESP threats to have me sent back and he has physically abused me. He hid my passport green card etc etc never let me work or walk anywhere out of the house or hang out ..

I was not able to get my passport n my conditional GC even with the police offices being there which surprises me.

His latest THREAT is that he already has set up an appt with his lawyer and has proof of my fraulent acts and is going to file an Annulment based on fraud ... he also said that his attorney has had the/a judge review it and he has said that is enough proof to go ahead with it and have me deported ASAP. Dont know how true that is...

I did NOT come here to the states just to get a green card but YES eventually get a green card and get over this immigration drama! And live happily in my marriage not worrying about the distance and keep paying for fees after fees! .. Atleast that's what I thought. ..

The main reason i know he wants to file fraud is to have me outta the country and for me to have no share of his assets and other stuff AND not see me around here in the future moving on with another man.

So my question(s) what happens after he files the annulment of fraud?

What should I do now or can I do nw?

Helpful advice very much appreciate

(I know you some of you guys if not all will have qs to ask wAnting to know more about what I just mentioned and im open to that BUT PlIz dont be rude and judgmental)

Thanks

Edited October 24, 2016 by Emotions

[Cheezees 1,514]

Divorce him right now and file for the ROC on your own.

Do not believe his nonsense about going to an attorney with a list of "fraudulent acts" (what the hell is that anyway?) who then went to an immigration judge who reviewed said PHONY list and agreed to deport you. Didn't happen. Nope! Not only did it not happen but things do not work that way. Honestly, his is one of the lamest and fake scare tactics I've read about in a while.

So again, divorce him immediately (whoever files for divorce first has the upperhand), gather your evidence, and file for the ROC.

[Emotions 0]

So again, divorce him immediately (whoever files for divorce first has the upperhand), gather your evidence, and file for the ROC.

Thanks sooo much .. I needed that Cheezees! Just need some clarification... How will I have the upperhand if I filed first? Does it matter who filed first or does it depend on the situation?

Edited October 24, 2016 by Emotions

[Cheezees 1,514]

Thanks sooo much .. I needed that Cheezees! Just need some clarification... How will I have the upperhand if I filed first? Does it matter who filed first or does it depend on the situation?

The person who does not file first is sort of "at the mercy" of the one who does. If he were to file first, the divorce would include his conditions to which you would have to respond - not something you want. In addition, he could drag his feet to the point where you will not be able to provide the final divorce decree when asked for it during the ROC. I would not let an abusive spouse be the one in control of the divorce proceedings. So, ignore his empty threats and file for divorce ASAP.

[Emotions 0]

Cheezees he has my ID and passport and all the legal documents. .. Can I still file for divorce?

[Cheezees 1,514]

You may need another police escort. It is illegal for him to take possesion of your things. I would file a police report for the stolen items.

[Emotions 0]

Thanks so much again for your advice! I really appreciate it.

The police officers actually told me to write down all I need from the house and submit it when we go to court... I actually did ask them before we went to the house if he did refuse to give my stuff.. would I later file for them to have a search warrant? .. They said my husband is not a criminal AND they CANNOT do that based on just that stuff (my possession)

Edited October 24, 2016 by Emotions

[Ash.1101 1,756]

Have you ever filed a police report due to the physical abuse?

And did you have the cops come with you, or did your husband have the cops help you get your things out?


And yeah, all they can do with the courts is if you have a list of things that are yours and you DIDN'T get back, the judge can order him to give those things back, but they can't do much past that until then.

Did you willingly leave the home or where you kicked out?

Just curious over all, but yes it would be in your best interest to serve him with divorce papers before he serves you.

[Anitafeliz 1,133]

He cant keep or destroy your personal items get a police escort asap.

[IcezMan_IcezLady 582]

I see everyone saying to file police report. It is good to have a trail of evidence. However, the police cannot force him to give you your passport if he says he doesn't have it.

They are going just by your word and his without any witness. I have seen in court cases where the plaintiff gets only the things the defendant admits to (when it comes to personal effects).

But at least you can get a new passport and a new GC.

[Anitafeliz 1,133]

isn't it expensive to get the GC re issued?? that's unfortunate.

[Jawaree 718]

Not much the police can do in making him hand over your docs, its an immigration civil matter to them.

File for your divorce asap (go to legal aid ) if funds are low, dont interact or speak wuth him after leaving,

start looking to replace docs , he may lie that he does not have them, record everything he does to you,

no he dont get to deport you so easy

[Rc123rc 528]

The threats are empty. Ignore them. Do not interact with him alone ever again. Always have a witness. File for divorce and petition for ROC. Replace your green card and any other other document he is withholding. Chances are he is going to say he doesn't have them, you must have lost them or just trying to accuse him of stealing. Make a complete list of everything that you left behind or he is withholding from you. Your lawyer can file on your behalf. I agree on filing divorce first. Do it ASAP. You need him to respond to the divorce not the other way around.

[USAMorocco 143]

Hey VJers

The main points about my story;

I Came here to the US with my kids through a CR1 visa less than 7 months ago.

TODAY, I had the police officers help me take most of my belongings from the(our) house with the help one of HIS closest relatives.

Husband: he threatened me whenever he never got his way ESP threats to have me sent back and he has physically abused me. He hid my passport green card etc etc never let me work or walk anywhere out of the house or hang out ..

I was not able to get my passport n my conditional GC even with the police offices being there which surprises me.

His latest THREAT is that he already has set up an appt with his lawyer and has proof of my fraulent acts and is going to file an Annulment based on fraud ... he also said that his attorney has had the/a judge review it and he has said that is enough proof to go ahead with it and have me deported ASAP. Dont know how true that is...

I did NOT come here to the states just to get a green card but YES eventually get a green card and get over this immigration drama! And live happily in my marriage not worrying about the distance and keep paying for fees after fees! .. Atleast that's what I thought. ..

The main reason i know he wants to file fraud is to have me outta the country and for me to have no share of his assets and other stuff AND not see me around here in the future moving on with another man.

So my question(s) what happens after he files the annulment of fraud?

What should I do now or can I do nw?

Helpful advice very much appreciate

(I know you some of you guys if not all will have qs to ask wAnting to know more about what I just mentioned and im open to that BUT PlIz dont be rude and judgmental)

Thanks

Sorry you had to go through this. File for divorce and sue for your passport and green card. It is yours and he is holding stolen documents. It is a nice fine he will have to pay and give them back to you. Number 2 I don't care what state you live in he has to prove fraud and really PROVE fraud...I had proof of fraud and still could not get an annulment. It is next to impossible to get an annulment for fraud. ROC by yourself and leave him ASAP. You have no rights to his assets you were not married long enough and unless he is dumb as bricks he should know that. I would go tomorrow and get divorce papers started or contact an attorney from legal services in your area and let them help you with the process. Good luck!

[shayden10 78]

You should definitely file for a divorce now. File a police report for any missing personal items or identification, as well as for the abuse. If the GC and passport are not recovered, apply for new ones. Depending on how old your children are, if they ever witnessed or were also victim to any verbal or physical abuse allow them the opportunity to speak up in a comfortable setting. His talk of the lawyer and the judge are likely scare tactics, trying to make you feel like you have no option but to stay with him in that situation. In the end, you may be able to sue him and can include any damages (including fees for the visa that you paid, believing you were in a real relationship, fees for the adjustment of status, fees for replacing the passport and GC).

I wish you and your children all the best, stay safe!