Annulment/Divorce from K1 after 3 months of marriage

[Boiler 45,559]

How could it not be GC Fraud if the basis for application was a Fraudulent Marriage?

[RLA 323]

50 minutes ago, Boiler said:

How could it not be GC Fraud if the basis for application was a Fraudulent Marriage?

If you apply the strict USCIS definition, it's only fraud if: 

Quote

• The false representation was made with the intent to deceive a U.S. government official authorized to act upon the request (generally an immigration or consular officer); [8] and
• The U.S. government official believed and acted upon the false representation by granting the benefit.

He hasn't gotten the GC yet, and arguably, he might not even have had the intent to deceive the government.  So, no fraud according to USCIS' definition, but probably still willful misrepresentation, which has the same consequences. 

[DanielPlainview 368]

I had a friend in a very similar situation.  He wanted an annulment based on fraud.  Court told him yeah, fine, but he will have to pay her $7500/mo in support while the case is ongoing, and they would get a court date in like 7 months.   He went the divorce route........much faster  and cost him a lot less.  Sorry I do not have more details, but I will never forget the support aspect of this travesty.   This all happened in California...........maybe it varies from state to state.    Of course, ICE never went after her to his knowledge, so for all he knows, she is still in US.  

[TE and AE 39]

So sorry about your situation.  I have a question, why do you want an annulment?  How does this benefit you?  It sounds like inconsolable differences to me.  To try and get an annulment just seems like your attorney is trying to stick it to your ex, especially by stating it fraud.  I don’t know the details but do you seriously want to hurt him that bad? 😔

[Abbey B 79]

19 hours ago, Villanelle said:

Good catch! Honestly overstay/illegal presence issues give me a headache and I try to avoid them at all costs. 

So it seems the only immigration issue for him once the 864 is pulled (whenever she decides to do that) and his ability to return to the US as a tourist or however in the future will be having a divorce decree stating fraud.

Abbey- you do realize almost all immigration processes involve some sort of background check/identity check. He may well have to present his divorce decree. Once they see the wording of fraud on it- he is going to have issues. Even if you try to argue it wasn't GC fraud- the bottom line was it was still a fraud. If he defrauded you, or if he defrauded the US or if he defrauded Mexico. It doesn't matter who- it matters that he did it. 

 

I also re-read one of your posts and you said something curious to me. That 3 months after marriage he no longer wanted X Y and Z. Saying its fraud means (to me) that he never wanted X Y and Z in the first place. As someone else suggested if he did want X y and Z but quickly changed his mind, well I don't think that's fraud. But if he never intended to have those things with you === well, that is misleading and wrong. If that was the case you need to decide how best to handle it. You have every right in that case to have a negative item added to his lifes paperwork . Some people view doing that as the actions of a bitter person and others view as it both deserving and appropriate. You have to look at yourself in the mirror everyday- no one else. Make a decision you can live with. 

I am thankful for all the VJers who helped me with this.. The lawyer only recommended an annulment because the story can be 'slanted' in a way that we do actually qualify for one (based off my husband 'lying' about his intentions of staying here)....but in the end...I know that the annulment will hurt him more than it benefits me so I have decided to withdraw it and go for a divorce. 

[Abbey B 79]

19 hours ago, Boiler said:

How could it not be GC Fraud if the basis for application was a Fraudulent Marriage?

The annulment doesn't say fraudulent marriage..it just says that the marriage was "void of the essentials of marriage due to the defendant misrepresenting himself" so essentially...it meant that he 'lied' about his intentions. My immigration lawyer said that it would not impact his green card status...but either way--he will be leaving the country and withdrawing his green card application. 

 

In the end, I decided against an annulment and am going the divorce route because after 1 month of thinking about it and talking with you all on VJ.. I truly just want to go about it the most fair and just way, which would be a divorce. 

[Abbey B 79]

11 hours ago, CSTSLP said:

So sorry about your situation.  I have a question, why do you want an annulment?  How does this benefit you?  It sounds like inconsolable differences to me.  To try and get an annulment just seems like your attorney is trying to stick it to your ex, especially by stating it fraud.  I don’t know the details but do you seriously want to hurt him that bad? 😔

I originally wanted an annulment since the marriage was so short and I was advised that I COULD qualify for one based on our situation of him leaving so drastically and 'lying' about wanting to stay here. Also, an annulment erases the fact that the marriage ever existed.

 

However, I know that I would not be able to sleep at night knowing that it could hurt him more than it would help me so I have decided to pursue a divorce on irreconcilable differences instead.

 

Thank you everyone for helping me find the best decision. I feel much better about moving forward with the divorce as opposed to an annulment and know that this way is the right, fair and best thing to do. 

[Shiran 1,134]

1 hour ago, Abbey B said:

Thank you everyone for helping me find the best decision. I feel much better about moving forward with the divorce as opposed to an annulment and know that this way is the right, fair and best thing to do. 

Good luck, and sorry it happened. I know you still care for your partner, and it sound like you did your best to make things work, but it is one of the ever present dangers of long distance relationship, can't really know how thing will work once you are in each presence day in and day out. Especially when one person is trapped at home, cut out from the community for months. Hopefully both of you will be able to move on soon, and best of luck! 

[Boiler 45,559]

Now admittedly my knowledge is based on UK law but most of the general principles also apply to US Law.

 

There are 3 types of misrepresentation:

 

Negligent, Fraudulent and Innocent.

 

I can only see one applying in this situation. Well I can not get my head around how you would show it was Innocent or Negligent in the case of an Annulment.

[HRQX 4,145]

1 hour ago, Boiler said:

Now admittedly my knowledge is based on UK law but most of the general principles also apply to US Law.

NJ court precedent to be exact.

http://www.kostrolaw.com/NJFamilyIssues/2015/07/23/the-court-may-apply-the-doctrine-of-equitable-fraud-to-annul-a-marriage/

[Boiler 45,559]

23 minutes ago, HRQX said:

NJ court precedent to be exact.

http://www.kostrolaw.com/NJFamilyIssues/2015/07/23/the-court-may-apply-the-doctrine-of-equitable-fraud-to-annul-a-marriage/

Thanks, for this situation assuming Equitable Fraud was the call then as far as the Immigration consequences are concerned the phrase of consequence appears to be - Instead, the marriage both started and ended with the ceremony itself. 

 

 

[TBoneTX 45,329]

OP, if you wish for this thread to be closed to further comment, please hit the ``report post`` button and so request.

Good luck to you in the future.