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Posted
19 minutes ago, Joshiandmiri said:

I didn't sign annulment. I filed for a divorce but after hearing my ex lies the judge granted him annulment. 

Yeah but if that was based on fraudulent testimony, it can be reversed. I am just saying before throwing up the white flag, maybe it’s worth it to talk to an immigration attorney for an hour or two

Filed: Citizen (apr) Country: Colombia
Timeline
Posted

Never heard of a case like this. Definitely not a do it yourself case any longer.

Marriage: 2014-02-23 - Colombia    ROC interview/completed: 2018-08-16 - Albuquerque
CR1 started : 2014-06-06           N400 started: 2018-04-24
CR1 completed/POE : 2015-07-13     N400 interview: 2018-08-16 - Albuquerque
ROC started : 2017-04-14 CSC     Oath ceremony: 2018-09-24 – Santa Fe

Filed: Citizen (apr) Country: Nigeria
Timeline
Posted
36 minutes ago, Joshiandmiri said:

I filed for re-hearing but the judge denied it, he hates me and is not going to reverse his decision. 

This is odd. No the judge doesn't hate you he doesn't know you. But your ex definitely wrote up enough compelling evidence to get an annulment which is not easy after 2 years of marriage.


no way to prove if you have sex or not. This is truly a he said she said. You need to get yourself a kickass Lawyer that will fight for you. With this denial now will come the deportation letter also.

 

One this I would like to ask you you said you wanted him to live with you in your country. Then you said you left and that's when he filed for annulment.


So when did you leave? How long were you gone? Did you abandon the marriage? Go back to your country?
 

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ROC I-751
5/21/2018: Filed i751 ROC
6/12/2018: NOA1 Date
3/5/2019: Biometrics Appt
12/28/2019: 18 month Extension has expired
1/9/2020: InfoPass Appt to get stamp in Passport
2/27/2020: Combo Interview (ROC and Citizenship)
3/31/2020: submitted service request for being pass normal processing time
4/7/2020: Card being produced
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Filed: Citizen (apr) Country: Brazil
Timeline
Posted

You can't file for ROC with a divorce waiver if your marriage ended in anullment not divorce.  A very good, expensive, immigration attorney in the US may be able to fight the deportation order when you receive it in front of an immigration judge.  That's your best path forward if you want to try and remain in the US.  Start gathering documents and find the best immigration lawyer you can afford, go into debt if you have to.  Even then, there's no guarantee you will win, so have a backup plan ready to return to your home country eventually if it ends up not working out.  A family court judge can't order you to leave the country, only an immigration judge can do that.  Good luck whatever happens!

Posted
5 minutes ago, carmel34 said:

You can't file for ROC with a divorce waiver if your marriage ended in anullment not divorce.  A very good, expensive, immigration attorney in the US may be able to fight the deportation order when you receive it in front of an immigration judge.  That's your best path forward if you want to try and remain in the US.  Start gathering documents and find the best immigration lawyer you can afford, go into debt if you have to.  Even then, there's no guarantee you will win, so have a backup plan ready to return to your home country eventually if it ends up not working out.  A family court judge can't order you to leave the country, only an immigration judge can do that.  Good luck whatever happens!

So why the USCIS says that I can file,  based on the instruction of their i751form ( bona fide marriage ended in annulment)?

Posted
13 minutes ago, dwheels76 said:

This is odd. No the judge doesn't hate you he doesn't know you. But your ex definitely wrote up enough compelling evidence to get an annulment which is not easy after 2 years of marriage.


no way to prove if you have sex or not. This is truly a he said she said. You need to get yourself a kickass Lawyer that will fight for you. With this denial now will come the deportation letter also.

 

One this I would like to ask you you said you wanted him to live with you in your country. Then you said you left and that's when he filed for annulment.


So when did you leave? How long were you gone? Did you abandon the marriage? Go back to your country?
 

Initially when we met we were planning to live in my country, but in the end we decided to live together in the United States. Once I left him after 2 years he got vindictive and filed for annulment. 

Filed: Citizen (apr) Country: Nigeria
Timeline
Posted
1 minute ago, Joshiandmiri said:

So why the USCIS says that I can file,  based on the instruction of their i751form ( bona fide marriage ended in annulment)?

The issue is whatever your husband presented but Bonafide out the window. All that evidence you have means nothing. So they are refuting the notion it was real. They are believing what your ex said that you married for a green card and it wasn't bonafide.

Case Complete to Interview spreadsheet

From now on your VJ Member name will be verified. If the name you put on form to be added to spreadsheet comes up not found, you will not be added to the spreadsheet. If you don't have a timeline you will not be added to the spreadsheet.

Please Please put your VJ member name only. Not nicknames or real names whatever your VJ name is. It's below your profile picture!!

 

Come join the current Interview thread: 

DQ-to-Interview-2023-all-countries

Case Complete to Interview Spreadsheet
Case Complete to Interview Form

 

 

 

ROC I-751
5/21/2018: Filed i751 ROC
6/12/2018: NOA1 Date
3/5/2019: Biometrics Appt
12/28/2019: 18 month Extension has expired
1/9/2020: InfoPass Appt to get stamp in Passport
2/27/2020: Combo Interview (ROC and Citizenship)
3/31/2020: submitted service request for being pass normal processing time
4/7/2020: Card being produced
4/8/2020: Approved
4/10/2020: Card mailed
4/15/2020: 10 year green card received
 
 
N-400
5/21/2019: Filed Online
5/21/2019: NOA1 Date
6/13/2019: Biometrics Appt
2/27/2020: Citizenship Interview
4/7/2020: In queue for Oath Ceremony to be scheduled
6/19/2020: Notice Oath Ceremony scheduled
7/8/2020: Oath Ceremony (Houston)

 

 

 

 

 

 

 

 

Posted
2 minutes ago, dwheels76 said:

The issue is whatever your husband presented but Bonafide out the window. All that evidence you have means nothing. So they are refuting the notion it was real. They are believing what your ex said that you married for a green card and it wasn't bonafide.

'They'means the judge... 

USCIS officer never reviewed my evidence and annulment judgment. He refused to interview me.

Posted
29 minutes ago, dwheels76 said:

This is odd. No the judge doesn't hate you he doesn't know you. But your ex definitely wrote up enough compelling evidence to get an annulment which is not easy after 2 years of marriage.

 

I agree.  I did a quick Google search, and it seems that an annulment is not easy to get in Florida, and are actually rarely granted.

 

Something in this whole story is off.

Filed: K-1 Visa Country: Wales
Timeline
Posted

It is the reason for the annulment that is the issue here, and a fraudulent marriage goes to the root of the basis for PR status.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted
7 minutes ago, Jorgedig said:

I agree.  I did a quick Google search, and it seems that an annulment is not easy to get in Florida, and are actually rarely granted.

 

Something in this whole story is off.

I'm telling the truth. My ex is a psychopathic person who's goal in life was to destroy my life. I have all the evidence of bona fide marriage. 

3 minutes ago, Boiler said:

It is the reason for the annulment that is the issue here, and a fraudulent marriage goes to the root of the basis for PR status.

There is no evidence that I commited a fraud because I did not. 

Filed: K-1 Visa Country: Wales
Timeline
Posted

You said the annulment was based on a fraudulent marriage, so I was going by that and assumed the annulment said that was the reason it was given.

 

So a Judge determined that the marriage was fraudulent? And you submitted a document that said the marriage was fraudulent.

 

Annulments are talked about a lot on this site but seem incredibly rare.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Timeline
Posted
4 hours ago, Joshiandmiri said:

But USCIS needs sufficient evidence for a fraud, and they don't have it. It's an opinion of the discriminatory family law judge. There was no payment, no fraudulent deal, no confession of me comitiing fraud. My ex wanted retaliation that I left him. 

I understand your position that the decree based on fraud was done by a biased judge and the whole thing wasnt fair. It doesnt matter. Its no different from the very many criminals out there claiming the same thing. In the US we have this concept of innocent until proven guilty. When a Judge hears testimony and makes a ruling its considered to be 'proven' and what the Judge rules is considered fact for the most part. 

 

Did you have an attny for the annulment? Did they present evidence? Did they fight it as hard as they could? The bottom line is the Judge still ruled fraud so a finding a fraud occurred. USCIS is going to accept the finding of fraud as "fact". Similar to how if you were convicted of a crime, USCIS is not going to retry the case and come up with their own result of you being innocent. Depending on what circuit court you live in and what state the annulment was granted in and exact wording of things, things can vary. Its a very complicated issue and gets into courts considering  what is called  retroactively voidable and applying different  policies and exclusions  of such for good faith reasons . There are BIA rulings holding annulments do not make you eligible for immigration benefits and rulings that say it does. I dont believe getting into the specifics of that will be of any help because the issue is not so much the annulment itself IMO but the finding of fraud on your part. So as I said even if you are able to argue and prove the annulment should be OK to use with ROC, the fact that it was granted based on fraud means you will not be approved even if they allow the annulment to be used. From what you were told verbally at the interview they are taking the position the annulment can not be used. Again, you can fight that but if you are successful in getting them to accept the annulment so to speak, the annulment says you committed fraud. 

 

The only other thing I can suggest is contacting a family law attny and inquiring about getting the annulment changed. Im not sure if that is even possible though. Make sure to ask for case law that supports you being able to do this as unfortunately there are many attnys out there that will gladly take you case and $$$ and file stuff that has zero chance of working. The same goes for immigration attnys. A reputable one will tell you with a finding of fraud on the marriage you have zero chance of success. But you can go through the ROC court process and then BIA process of attempting to appeal the decision which will take many years and cost a lot of money and repeated court appearances. Ultimately it will most likely be denied so any time is borrowed time and money spent will be in waste. Its up to you if you want to pursue that but if you do you should realize its probably in vain. 

Filed: Timeline
Posted
7 minutes ago, Joshiandmiri said:

I'm telling the truth. My ex is a psychopathic person who's goal in life was to destroy my life. I have all the evidence of bona fide marriage. 

There is no evidence that I commited a fraud because I did not. 

The evidence that USCIS is going to consider that says you committed fraud is the annulment saying you committed fraud. 

 

A Judge ruled fraud on your part. USCIS is not going to re-evaluate a Judges decision, they will accept it as fact.  If there was truly no evidence then it is very very surprising that a Judge ruled fraud. They dont issue those rulings lightly. If you feel the annulment was granted improperly and you do have a solid case to show there was no fraud and there is no evidence of fraud then you should really look into getting the annulment appealed and the grounds for it changed if possible. 

 
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