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

[Cathi 5,769]

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!

Sue? Um no, you can't sue someone for things they claim not to have. The first and MOST important order of business is to file for divorce. Period.

[Emotions 0]

For all who have commented giving advice I GENUINELY AM THANKFUL

I managed to go back to the police station and try to get them to have him to give my passports etc... We (me n this relative of his)talked to the assistant chief and told him about what happened and how I practically had no rights even for my stuff and him admitting to the officers that he had the cards etc and its in a ssafe place. The officers in charge didn't even say (WHAT THEY SHOULD HAVE SAID TO HIM) to hand it to me and if not it will count as theft.

So the assistant. Chief called him and talked to him and told him that him keeping my belongings which he admitted to on speaker phone can be reported as theft and he can be sued. He finally came to the station and had to let the whole policemen there know about him having the right to deport me and file the annulment. When i checked what he gave the police i saw that he didn't give the green cards for me and my kids. When I told the officer this, he called him and my husband told him that he doesn't have it and i told the officer that I HAD IT MAILED TO ME weeks after I got HERE. NOW I have to pay over $400 each to get them replaced for me and my kids.

There IS NO IMMIGRATION lawyer here and ACCORDING to a reputable lawyer here I should go to one of the major cities here to look for an immigration lawyer here ASAP before filing anything bc that could affect my status here. So God Willingly I will be able to do that soon!!!! I don't have any money on me but I have all the support that anyone in this situation could ever need and its FROM HIS OWN FAMILY. Well he told the officers that he has already filed the annulment and ddint want the divorce bc he would have to split assets assets etc

[USAMorocco 143]

Sue? Um no, you can't sue someone for things they claim not to have. The first and MOST important order of business is to file for divorce. Period.

Um okay.

Edited October 25, 2016 by USAMorocco

[Eric-Pris 1,607]

Why are you worried about him filing an annulment? Is there any reason why you think it could be approved? Since an annulment for fraud requires legitimate proof, most people would just laugh it off, and would not even think about it.

Just file for divorce ASAP, and move on with your life. Why do you need an immigration attorney? You need to file for divorce, and that's not a direct immigration matter. Yes, indirectly, it will have some affect on your status as you will be able to ROC immediately after divorce without waiting 2 years. Once your divorce is final, you can handle the immigration part of it yourself, don't waste money on a lawyer. You can ROC on your own once you have the divorce.

[Eric-Pris 1,607]

The fee to replace a greencard is going up on Dec 23rd from $365 to $455, so if you need to do it, don't wait.

I-90 going up $90.

https://www.uscis.gov/forms/our-fees

[Boiler 45,651]

Annulment is very popular in this site, seems a go to option, but the real world is very different. You can look up your State requirements.

And to get in front of an Immigration Judge takes years assuming the US Gov wants to take it that far, in this sort of case, more likely to win the lottery.

Ohh and as you have not been married that long and the children are not his, then he us most unlikely to have much financial exposure from a Divorce.

[elmcitymaven 9,712]

Sue? Um no, you can't sue someone for things they claim not to have. The first and MOST important order of business is to file for divorce. Period.

Sure you can sue someone in tort where that person claims not to have something which actually belongs to you. You can sue for either trespass to chattels, where the other person still has the thing in more or less the same condition, or for conversion, where the value of the chattel (i.e., the "thing") has been essentially destroyed. It doesn't matter whether the person claims not to have it, it's whether they interfered with your possession of the thing. You can depose the defendant who must then state under oath that he does not have it. You can introduce circumstantial evidence that he still has it, or that he had control over it at one time but now it is mysteriously gone. You can testify that he had control of it but now it's gone, or that he still has control of it but won't let you have it.

However, filing for divorce is still the best first step here. And SOOOOOO happy to see my years-long banging of the drum about annulments being very hard to obtain is finally having some traction.