I-751 bona fide waiver ended with annulment

[Lorie00 12]

Only his false testimony.

[USS_Voyager 1,972]

7 minutes ago, Joshiandmiri said:

Only his false testimony.

Dear, not that we don't believe you, but.. it's kind of hard to believe...

 

Well, if what you say is true, there is no evidence from your husband about the fraudulent marriage, then it is easy to get the ruling reversed. You (your lawyer) should be able to file a motion to vacate the judgement based on lack of evidence in divorce court, and you probably will get another day in appeal court. Meanwhile, if they start issuing removals orders from immigration, your lawyer should be able to explained as well " Look, the whole thing was based on the ruling of fraud, and my client is appealing that" so you may get some sort of stay granted from immigration court pending your appeal for the fraud ruling. 

 

Again, a complicated mess. 

[Beth & Achraf 328]

23 minutes ago, Joshiandmiri said:

Only his false testimony.

Did the Judge give you the opportunity to present your case that  intercourse did take place during the 2 year marriage? and present a  rebuttal  on all he presented for testimony from your ex?

 

 

[Nat&Amy 623]

Bottom line after 4 pages of discussion:

 

1. This is not a Do It Yourself case. You need a lawyer. A good one. Apparently the first one you had was very weak, because if there was no evidence, as you said, what kind of lawyer would not appeal a decision involving fraud?

 

2. No way moving forward with an annulment based on fraud. It's game over unless you appeal the judge's decision.

 

In short: You need a lawyer. A good one.

 

 

[Lemonslice 4,956]

How/which visa did you use to enter the USA?

 

Are you currently single?

[Lorie00 12]

I entered on fiancee visa. I'm.currently single. I was framed in a fraud by my ex and his vindictive lawyer. They both are going to burn in hell. My ex said to me that he was going to say and do whatever it takes to deport me. He is a devil like person. 

[Lorie00 12]

2 hours ago, Beth & Achraf said:

Did the Judge give you the opportunity to present your case that  intercourse did take place during the 2 year marriage? and present a  rebuttal  on all he presented for testimony from your ex?

 

 

Yes I testified completely opposite to my ex, yet the judge said in his annulment judgment that there has been 'undisputed' proof that I commited an immigration fraud, simply because" I identified opportunities in this country "and married for a green card. As I said before, I and my then fiance wanted to live in my country initially but he encouraged me to come here. This post is to warn you guys of injustice you can become a victim of anytime in your life. 

Edited November 22, 2019 by Joshiandmiri

[Duke & Marie 1,389]

3 hours ago, portorusa said:

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.

Simply saying he did it purposely to destroy her life, dosent constitute abuse... noting that probably 95% of ex’s becoming nasty post separation, including my own ex who swore to destroy my life post separation and damn near did.. still not abuse

 

its also kind of conflicting with the evidence that’s she’s already filed to prove bonified marriage... which I’m sure presented and happy loving family already... choosing to go the abused victim route now is kind of a backflip in itself, further adding fuel to the fraudulent relationship issue presented by the annulment..

 

fighting immigration ion I don’t recommend, but getting the annulment overturned is probably the logical rout... 

 

fact is, judge ruled fraud... a good lawyer should be able to get any evidence supporting that claim overturned if there was no evidence ever submitted to establish fraud in the first place... ! Unless of course there was evidence to suggest it was true, in which case that’s what you need contesting..

[Duke & Marie 1,389]

4 hours 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. 

Yet when submitting your i130 etc you were able to prove this as not the case for immigration... did you submit the same evidence that proved bonified to this judge during the annulment hearing, to counter your ex’s accusations?

 

youve proved bonified once already, you still have all that evidence to prove bonified... present to the annulment judge, plus more, lots more... get it overturned on appeal.

Edited November 22, 2019 by Duke & Marie

[Lorie00 12]

1 minute ago, Duke & Marie said:

Yet when submitting your i130 etc you were able to prove this as not the case for immigration... did you submit the same evidence that proved bonified to this judge during the annulment hearing, to counter your ex’s accusations?

I never submitted i130. I presented my evidence but the judge said he preferred oral testimonies. My ex's attorney also said I collected the bona fide marriage evidence to get a green card. 

[Duke & Marie 1,389]

4 minutes ago, Joshiandmiri said:

I never submitted i130. I presented my evidence but the judge said he preferred oral testimonies. My ex's attorney also said I collected the bona fide marriage evidence to get a green card. 

A judge must review all hard evidence placed in front of him during a hearing THAT IS LAW he cannot base his finding on verbal allocations only there has to be supporting evidence.. 

 

takes two to generate and gather supporting evidNce for i130... if one guilty of fraud the other is possibly guilty too

Edited November 22, 2019 by Duke & Marie

[Lorie00 12]

Does anybody heard of any similar cases or maybe was/Is in the same mess? Everything I'm posting is true. When I talked to my best friend she couldn't believe that this happened to me. 

[Lorie00 12]

Just now, Duke & Marie said:

A judge must review all hard evidence placed in front of him during a hearing THAT IS LAW he cannot base his finding on verbal allocations only there has to be supporting evidence.. 

This was a family law, not criminal case, yet he created a criminal case for me due to his decision. As I said before there are a lot of people in jail in this country and the judge never had any evidence just accusations...

[Lorie00 12]

2 minutes ago, Duke & Marie said:

A judge must review all hard evidence placed in front of him during a hearing THAT IS LAW he cannot base his finding on verbal allocations only there has to be supporting evidence.. 

 

takes two to generate and gather supporting evidNce for i130... if one guilty of fraud the other is possibly guilty too

We had all the bona fide evidence because we were truly married for 2 years and established life together. When separated I submitted I 751 waiver, not i130. 

[Duke & Marie 1,389]

1 minute ago, Joshiandmiri said:

This was a family law, not criminal case, yet he created a criminal case for me due to his decision. As I said before there are a lot of people in jail in this country and the judge never had any evidence just accusations...

Trust me, I’ve been through family law it cost me over $45k... evidence is still required where accusations are made