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Posted
23 minutes ago, Damara said:

The most important thing you have to remember is when there is an annulment based in fraud- USCIS will assume fraud and its up to you to prove it wasnt. In some processes the burden is on you, in some its on them. In this case the burden is on you. So you have to take it on as they think you are guilty already and you have to prove you are not.

 

What does your attny say? What kind of strategy do they have? 

 

I can see an attny making a case that its not fraud because she didnt initially file under fraud. Ive seen that argument made before but it was not successful for any of them. Perhaps it will work for you.

 

As for the items you listed I dont see how any of them prove it wasnt fraud. Do you have any proof of financial comingling? Have you written a statement of the relationship for your attny? How it started and evolved and ultimately ended?

 

For abuse- abuse from family members doesnt count. Have you talked with your attny about this? This is something basic that they should know. If they havent said anything about that it may be time to find a new attny who is better versed in immigration matters like this.

 

Who did you file the motion with to vacate the annulment? the local court? Does your attny think it will be successful?

 

what NGO group gave you a letter and why?

 

 

I do not have any financial evidences as we lived only for 4 months together and I could not get a job during that time. 

I went to an NGO to help me with my divorce and immigration case as I was out of money at that time. I then asked them to provide me a letter as a proof that I went to them for the abuse I had to face and to submit those documents in immigration.

I mistyped above, abuse came from both her family and her self, my attny told me that family does not count but abuse mainly came from her as she emotionally abused me in all these times that leave your family and do not speak to your family or you will lose me and this marriage and green card.

I provided my written statements to my attorney, as to how this started and ended. 

Motion is being filed in Civil Supreme Court, attny believes my case is strong and chances are good.

I am so stressed from past 12 months as to what is going to happen and this stress has almost killed me!!!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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