I-751 bona fide waiver ended with annulment

[Lorie00 12]

5 minutes ago, Boiler said:

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.

I didn't commit a fraud. The judge stated that after my ex's testimony that I married him for a green card, with no evidence. 

[Lorie00 12]

Yes the judge granted my ex annulment as he is an American citizen. There is a lot of discrimination here. A lot of innocent people are in jail. 

[Boiler 45,940]

4 minutes ago, Joshiandmiri said:

I didn't commit a fraud. The judge stated that after my ex's testimony that I married him for a green card, with no evidence. 

I assume that means yes, so you submitted an annulment which stated fraud. Begs the question what did you expect?

[Lorie00 12]

Just now, Boiler said:

I assume that means yes, so you submitted an annulment which stated fraud. Begs the question what did you expect?

I expected to be interviewed and explain the situation. 

[Villanelle 4,122]

My dear, we cant keep going around in circles here. Everyone understands that you feel there was no fraud committed and that you feel there was no evidence to support such. It does not matter. There is a annulment decree that says such.  USCIS will accept said decree and consider it to be factual. It was done after a trial and a Judge made a ruling. USCIS is not going to retry the annulment case and come up with a new ruling. They are not going to ignore a finding of fraud by a Judge because you present them with conflicting evidence. Apparently you already presented said conflicting evidence to the Judge and court and the outcome was a finding of fraud. Does that make sense? I know its not what you want to hear and might not be fair but thats how it is.  Focus now on researching if it is possible to get the annulment changed and take it from there.

[SalishSea 18,079]

11 minutes ago, Joshiandmiri said:

Yes the judge granted my ex annulment as he is an American citizen. There is a lot of discrimination here. A lot of innocent people are in jail. 

I doubt that the judge ruled in favor of your ex simply because he is an American citizen.  

[Lorie00 12]

7 minutes ago, Jorgedig said:

I doubt that the judge ruled in favor of your ex simply because he is an American citizen.  

They are bad judges in this country you know?

[SalishSea 18,079]

Just now, Joshiandmiri said:

They are bad judges in this country you know?

I'm sure there are bad judges in every country.  It seems far-fetched to say that a family court judge would rule in favor of someone because of citizenship.

[Boiler 45,940]

Just now, Jorgedig said:

I'm sure there are bad judges in every country.  It seems far-fetched to say that a family court judge would rule in favor of someone because of citizenship.

More importantly there is no bad judge pass as far as USCIS is concerned.

[geowrian 22,338]

6 hours ago, Joshiandmiri said:

As I said there is no proof of fraud; the judge's opinion is based on my ex saying that I married him for a green card.

The judge ruled already so that is the accepted "fact". You want to fight it? Deal with it in court. A "bad judge" that makes a faulty ruling with no evidence can be overruled via appeal. There's your avenue. But know that it will be very uphill...I don't think you're going to find a lot of people just accepting your word that the judge just ruled against you wityout any evidence.

 

6 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.

USCIS does not need to prove fraud to deny an I-751. The burden is on the applicant to demonstrate eligibility for the benefit being applied for. In this case, it's on you to show that you entered the marriage in good faith.

The annulment due to fraud pretty much trumps any evidence you could present.

Once again...you want to stay and fight? You need to successfully appeal the decision. USCIS (and the IJ for upcoming removal proceedings) are following the law and policies based on the evidence presented.

[portorusa 431]

1 hour ago, Villanelle said:

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.

It would be a waste of time/money. She needs to go the immigration route, not the family law one. She needs to fight in the immigration court, in front of the immigration judge.

 

OP, listen: I know of a similar case where a marriage ended in annulment based on "green-card fraud" even though a U.S. husband refused to sign I-864 and help with AOS to his foreign wife and there was never the "green- card" in the first place. The decision of the family court judge was based purely on allegations of the U.S. husband. Wife fought, and lost. She was placed in removal proceedings. Ultimately, however, she was granted a permanent resident status based on abuse. She had plenty of proof to demonstrate that she was a victim of abuse. And it was the immigration judge's decision to grant her an LPR status.

 

I advise you to hire a good immigration lawyer experienced in VAWA. If you know you are right, you should fight.

Edited November 22, 2019 by portorusa

[SalishSea 18,079]

2 minutes ago, portorusa said:

I advise you to hire a good immigration lawyer experienced in VAWA. If you know you are right, you should fight

In this entire thread, what is it that makes you think OP would be eligible for VAWA?  An unfavorable ruling in family court doesn't equate to abuse.

Edited November 22, 2019 by Jorgedig

[USS_Voyager 1,972]

1 hour ago, Joshiandmiri said:

A lot of innocent people are in jail

Who's in jail? You're starting to confuse me. 

 

Again, the bottom line is, as you probably figured out by now, there is nothing you can do unless the annulment/fraud ruling was reversed. As I stated earlier, your best course of action is probably to sit down with a lawyer or two, probably you need both an immigration and a divorce lawyer. Any judge ruling can be appealed. The appeal can be presided by a different judge. Any good lawyer will take care of that part. 

[USS_Voyager 1,972]

3 minutes ago, portorusa said:

She needs to go the immigration route, not the family law one

I think she needs to vacate or reverse the "annulment due to fraudulent marriage" ruling from divorce court first. I don't think it'll go very far in immigration court where the other side is just gonna scream "Your honor, there is already a ruling of fraudulent marriage on this defendant". 

[Beth & Achraf 328]

1 hour ago, Joshiandmiri said:

Yes the judge granted my ex annulment as he is an American citizen. There is a lot of discrimination here. A lot of innocent people are in jail. 

Annulments are hard to obtain in any state. Strong evidence must be presented.  What evidence did your husband give to the court for the Judge to rule in his favor?