Withdrawing my affidavit of support and greencard

[NancyNguyen 1,657]

8 minutes ago, Marcia27 said:

Well if he doesn't sign it will be annulled in 30 days. 

An annulment in New York requires a trial and hearing before a judge. Unlike a divorce which can be granted upon written or sworn testimony without a trial, an annulment will require at least one of the grounds to be proven in court. This will require paperwork to be filed with the court and you to bring evidence including documents and/or witnesses that can support your claim for annulment.

[African Zealot 1,455]

You’re wasting your time and not thinking clearly. Forget about him, there’s almost absolutely nothing you can do. That’s life, people get used. Erase him from your life as much as possible. Divorce and move on. You have no control over his immigration journey. He doesn’t need you.

 

For your own sake exorcise the bitterness, you will be the one that bitterness will damage further.

Edited July 28, 2020 by Ray.Bonaquist

[Marcia27 0]

2 minutes ago, JeanneAdil said:

As hard as it would be for you to prove fraud as photos with other women don't do it,  it would be just as hard for him to prove domestic violence if he did not make any police reports (at the time an incident happened)  

so, don't worry about that part

you don't have to support his ROC when it comes up

divorce and move on 

Thank you!

[Marcia27 0]

3 minutes ago, Ray.Bonaquist said:

You’re wasting your time and not thinking clearly. Forget about him, there’s almost absolutely nothing you can do. That’s life, people get used. Erase him from your life as much as possible. Divorce and move on. You have no control over his immigration journey. He doesn’t need you.

 

For your own sake exorcise the bitterness, you will be the one that bitterness will damage further.

not bitter more hurt by him then anything. I did so much to bring him here and he embarrassed me, used me!

But thank you! I know I need to let go and let god. But best assure I will do everything I can to untangle myself from this mess. 

[Marcia27 0]

10 minutes ago, NancyNguyen said:

An annulment in New York requires a trial and hearing before a judge. Unlike a divorce which can be granted upon written or sworn testimony without a trial, an annulment will require at least one of the grounds to be proven in court. This will require paperwork to be filed with the court and you to bring evidence including documents and/or witnesses that can support your claim for annulment.

Well what ever happens just want to be done with this evil person.  My lawyer is taking care of everything. 

[African Zealot 1,455]

15 minutes ago, Marcia27 said:

Well what ever happens just want to be done with this evil person.  My lawyer is taking care of everything. 

Never forget, your lawyer makes a living from taking your money. 😁

[SalishSea 17,837]

Sounds like you're getting bad advice from this lawyer.  

 

Also, annulment does not 'withdraw' or in any way affect your affidavit of support, just as divorce does not.  

 

And, he does not need VAWA to remove conditions and get his 10 year GC.  He can do that with a divorce waiver.  It doesn't sound like you have any concrete evidence pointing to marriage fraud.  In fact, you must have produced evidence to the contrary when you went to the AOS interview.

Edited July 28, 2020 by Jorgedig

[Marcia27 0]

7 minutes ago, Jorgedig said:

Sounds like you're getting bad advice from this lawyer.  

 

Also, annulment does not 'withdraw' or in any way affect your affidavit of support, just as divorce does not.  

 

And, he does not need VAWA to remove conditions and get his 10 year GC.  He can do that with a divorce waiver.  It doesn't sound like you have any concrete evidence pointing to marriage fraud.  In fact, you must have produced evidence to the contrary when you went to the AOS interview.

Unfortunately, yes I did. I was still under the impression we were a couple! before his final betrayal. 

 

 

[neoblast 138]

2 hours ago, Marcia27 said:

I have pictures of him with his daughter mother. I have proof he was having relationships with other woman while married. HE never wanted to marry me thru church or have kids (he always used condoms with me) 

 

I petition for him in 2017 and he was here in 9 months with a K1 visa. We married and he had a greencard in hand in a year 2 months. 

That only proves cheating, not fraud. 

[neoblast 138]

2 hours ago, Marcia27 said:

I have pictures of him with his daughter mother. I have proof he was having relationships with other woman while married. HE never wanted to marry me thru church or have kids (he always used condoms with me) 

 

I petition for him in 2017 and he was here in 9 months with a K1 visa. We married and he had a greencard in hand in a year 2 months. 

That only proves cheating, not fraud. 

 

Also, it's unlikely that you will get an annulment; which he has no reason to agree with. He can just say he fell out of love and wants a divorce because of some type of abuse or anything for that matter.  Since he already has his conditional green card, you cannot do much if anything at all to him. 

 

Florida divorce lawyer and immigration attorneys explain that divorce or annulment may require the immigrant spouse to file the form with a waiver and proof (joint bank account statements, children’s birth certificates, mortgage or rental agreement signed together, statements from marriage counselors and therapists, etc.) that the marriage, though it ended, was real. Immigration status gets even more complicated if the divorce is not final when the I-751 form is due. Excerpt from here
 

[Daria Parkinson 43]

Words won’t do anything, but I respect you for keeping sanity. 
This is unimaginably painful and I sincerely am sending you support and good energy.

You will be happy, please never doubt that.

[Marcia27 0]

1 hour ago, Daria Parkinson said:

Words won’t do anything, but I respect you for keeping sanity. 
This is unimaginably painful and I sincerely am sending you support and good energy.

You will be happy, please never doubt that.

Thank you so much!!!!

[Beth & Achraf 328]

Divorce, change your locks, and change your banking, credit cards and etc.  Move on, we all make mistakes.  

When he files for his 10 year card, he may have issues, but that is NOT your problem, it is his.    

 

Wasting energy trying to get him deported, or filing with USCIS of how he cheated  , or used you, married you to come to the US,  , they don't care, At the time of his visa approval and 2 year green card approval  they were convinced it was a real relationship.

 

 

[Crazy Cat 41,888]

7 minutes ago, Beth & Achraf said:

At the time of his visa approval and 2 year green card approval  they were convinced it was a real relationship.

^^THIS^^  In the absence of hard evidence that he had pre-conceived intent to marry solely for immigration benefits, the assumption will be that the good-faith marriage went awry......which happens.

Edited July 28, 2020 by Lucky Cat

[Demise 1,289]

6 hours ago, Marcia27 said:

Hi all, 

 

on here looking for advice. I married a man who I though loved me and I brought him to USA. We are now going thru a divorce. He used me to come here. I would like to withdraw my affidavit of support and he was issue a 2 year greencard I will like to contact uscis and let them know he married me based on fraud. I filed for an annulment based on fraud. He said he will file under domestic violence. please help!!!!

You can't withdraw an affidavit of support after a visa has been already issued. Basically the best you can hope for is either that he loses status and leaves US, or he doesn't use any federal benefits and naturalizes as soon as he can. Either of those would dissolve your responsibility.

 

Annulment is very specific and not something you can do with most marriages. You basically have to prove coercion, bigamy, or that you never actually acted like husband and wife (like literally went your separate ways out of wherever you got married, never had sex, etc) in order to get it done.

 

Winning a case on grounds of adultery depends on the state, someone mentioned New York in this thread where it's almost impossible to get it done that way. In New York you need a third party witness (not you, not the spouse, not the spouse's new lover) and some actual evidence, basically you need to hire a PI to stalk your former spouse.

 

USCIS won't take your claim seriously at all. Partially because they get claims like this every day from a petitioner who feels wronged, and partially because they looked at the marriage once, thought it's legit, and will look at it again during the I-751.