Victim of Bigamy fraud Please help

[ghostbuster 1]

I happen to be a victim of bigamy fraud, please I need some advice. I married my wife in 2009 outside the US while I had my green card and I then filed for her to come to the US. In the period of filing we had a baby, I became a citizen. She eventually came to the US in 2012. Initially she was issued a two year GC, which we requested it to be changed to 10 year. In 2014, she left my house. filed abuse complaint. Came to the house to pick up our two kids. The complaint was denied, she left the state to another state, tried again to file another complaint. It was dismissed, I had filed a complaint for custody in our original state. She continued to bring false allegations of child abuse which were all ruled out. She was eventually awarded custody of our kids with me having visitation. On visiting the kids, she filed another complaint for abuse and it was dismissed. After I filed a complaint for contempt, was able to see my kids. Then she moved to another state. I was forced to file a divorce, contempt with modification of support. The process is still ongoing. Recently I took a deposition of my ex and she confessed that she was married in another country different from the one we had married and had never being divorced. I am waiting for copies of the deposition, what is the best way to proceed now? After analyzing everything I believe that I am a victim of bigamy, fraud which was planned systematically and a person who has borderline personality or bipolar. Her intentions is to keep my children away from me. The process has been very stressful and expensive and I really love my children. Please someone help.

[caliliving 606]

Woah! Ok lots of information there but IF she was married before you then she committed fraud by material representation and her green card should have never been granted therefore her GC and USC should be revoked.

 

If you can show this 100% it will be revoked, thing is she can take the kids and hide out and never show up to her appearances. 

[Coco8 1,039]

I am guessing you have a lawyer. I think you should focus on having full custody of the kids.

 

Maybe have a psych evaluation done on her? If she was married before, maybe try to get a private investigator in the country of origin to try to get proof of that. Those two should help you to get full custody of the kids.

[ghostbuster 1]

Fear that she may skip out of the country... She already admitted under oath.

[caliliving 606]

Yes that is what I'm getting at. You are worried she will run off with the kids.

 

Well, I would not let her know what you are doing. Keep it under wraps.

Where did she get married before? How did tjisnnot come up on a background check, nd the US does really extensive ones? Are you sure she was married before? 

If you have proof them call uscis and ask how to submit that information. It can take years but having actual proof of being married before will speed this up imo. Perhaps call a lawyer? I wouldn't do anything drastic in case she does flee nut others may have a better opinion.

 

He said she said abuse won't work w uscis.

They have heard it all. They only care about facts so your abuse claims or hers don't matter

Edited July 23, 2017 by caliliving

[Coco8 1,039]

14 minutes ago, ghostbuster said:

Fear that she may skip out of the country... She already admitted under oath.

 

Isn't that proof enough to get full custody? If that is on the record, you could ask your lawyer to go to a judge and request full-custody of the kids. She could have visitations with social services supervision. 

 

If she takes the kids out of the country it is kidnapping. If she leaves them behind anywhere and leaves, that could be dangerous to you.

 

Your focus should be getting custody. 

 

 

Edited July 23, 2017 by Coco8

[Ontarkie 14,014]

5 minutes ago, Coco8 said:

 

Isn't that proof enough to get full custody? If that is on the record, you could ask your lawyer to go to a judge and request full-custody of the kids. She could have visitations with social services supervision. 

 

If she takes the kids out of the country it is kidnapping. If she leaves them behind anywhere and leaves, that could be dangerous to you.

 

Your focus should be getting custody. 

 

 

No it is not enough proof to change custody. It's enough to put a flag in the system so they cannot get a passport. 

[Coco8 1,039]

1 minute ago, Ontarkie said:

No it is not enough proof to change custody. It's enough to put a flag in the system so they cannot get a passport. 

Ok. At least that would be something. 

[Boiler 43,996]

time to Lawyer up.

[htfaust 131]

Talk to a good family lawyer attorney. Look into either changing the divorce into an annulment case for bigamy fraud, or if you can't amend the petition, dismiss the divorce case and file an annulment. Your marriage will be retroactively considered null and void and your spouse won't be entitled to any support or property from you. It would be as it never existed and your marital status, if you had never been married before, would be restored to "single" instead of "divorced". My two cents. With a granted annulment based on bigamy fraud, immigration could be way easier to tackle. There's a 5-year window, counting since she was first granted permanent residency, in which to file an immigration fraud claim before the statute of limitations expires, though.

[caliliving 606]

1 minute ago, htfaust said:

Talk to a good family lawyer attorney. Look into either changing the divorce into an annulment case for bigamy fraud, or if you can't amend the petition, dismiss the divorce case and file an annulment. Your marriage will be retroactively considered null and void and your spouse won't be entitled to any support or property from you. It would be as it never existed and your marital status, if you had never been married before, would be restored to "single" instead of "divorced". My two cents. With a granted annulment based on bigamy fraud, immigration could be way easier to tackle. There's a 5-year window, counting since she was first granted permanent residency, in which to file an immigration fraud claim before the statute of limitations expires, though.

+1 this is great advice!!! 

[Hopeful diva 99]

Obviously a clear case of bigamy. Before you file for annulment (best choice since the marriage was never really valid), file a complaint with immigration. Submit evidences, case will be reviewed and if she's found guilty, her green card will most likely be revoked. Get a lawyer who can help you get custody of your kids and stay away from her as much as possible since she is bent on ruining you. Good luck 

Edited July 23, 2017 by Hopeful diva

[Hopeful2004 70]

You need to lawyer up and she cannot obtain passports for the kids without your consent. 

 

Good luck with everything. 

Edited July 23, 2017 by Hopeful2004

[Transborderwife 4,666]

If she was previously married to another person and didn't dissolve the marriage your custody could be in trouble.  Most states operate within the laws of "presumed paternity" where the only person who can be named as the father and seek rights until proved otherwise is the legal husband.  I've been through it personally and it's not a fun trip.

[amicablebride 25]

You should be able to look up her full name and country she claims she's was married in to find a marriage certificate. Do research, gather evidence, file an annulment. Fraud is hard to prove in court, but if she married you when already married then the marriage isn't valid and you'll get your annulment. Then she won't be able to renew her green card or get a passport and she can be deported.