Situation escalating with abusive spouse

[Rocio0010 5,579]

13 minutes ago, oat12 said:

I am in the UK now, thank you so much for asking! I am safe and with my parents and siblings. 
 

He has been emailing me everyday with threats and abuse and even death threats towards my cat which I find incredibly disturbing. 
 

The evidence I have of his abuse include: voice recordings, emails, WhatsApp messages, Snapchat messages and Instagram messages he has sent to my siblings abusing them also. 

Ok, perfect. 
Do NOT sign anything he sends you. Get you a lawyer and let the lawyer tell you what to do. Do not engage with him in any type of communication, but do keep collecting evidence of the abuse. Once the whole annulment/ divorce is sorted out, consult an immigration attorney

[oat12 29]

Just now, Rocio0010 said:

Ok, perfect. 
Do NOT sign anything he sends you. Get you a lawyer and let the lawyer tell you what to do. Do not engage with him in any type of communication, but do keep collecting evidence of the abuse. Once the whole annulment/ divorce is sorted out, consult an immigration attorney

Is it necessary for me to consult an immigration attorney if we end up getting divorced? 
 

He has no evidence to submit to USCIS because I did not commit any fraud, I’m also not able to afford a lawyer for the divorce and an attorney so I want to try and save money where possible  

[Rocio0010 5,579]

1 minute ago, oat12 said:

Is it necessary for me to consult an immigration attorney if we end up getting divorced? 
 

He has no evidence to submit to USCIS because I did not commit any fraud, I’m also not able to afford a lawyer for the divorce and an attorney so I want to try and save money where possible  

That is up to you, but I think anytime someone makes a fraud threat, it’s not DIY anymore. I know I would do it for my peace of mind, but of course, to each their own!

[oat12 29]

19 minutes ago, Rocio0010 said:

That is up to you, but I think anytime someone makes a fraud threat, it’s not DIY anymore. I know I would do it for my peace of mind, but of course, to each their own!

Oh okay I understand. 
 

It’s just that on my last post, the general consensus was that USCIS would most likely ignore his claims as he has no real or concrete evidence and I already have my 10 year greencard. I’ll see what I can do for an immigration attorney.

[Dashinka 24,498]

32 minutes ago, oat12 said:

Is it necessary for me to consult an immigration attorney if we end up getting divorced? 
 

He has no evidence to submit to USCIS because I did not commit any fraud, I’m also not able to afford a lawyer for the divorce and an attorney so I want to try and save money where possible  

Why would you need an immigration attorney at least at this point?  You already have a green card right?  Most complaints to USCIS fall on deaf ears unless the complainant has solid evidence of alleged fraud and admits to being duped.  Right now, I do not see an immigration concern if you decide to come back to the US.

 

Good Luck! 

[oat12 29]

29 minutes ago, Dashinka said:

Why would you need an immigration attorney at least at this point?  You already have a green card right?  Most complaints to USCIS fall on deaf ears unless the complainant has solid evidence of alleged fraud and admits to being duped.  Right now, I do not see an immigration concern if you decide to come back to the US.

 

Good Luck! 

I do have the green card yes, I got a 10 year green card because my ex and I were married for over 3 years at the time of my approval. 
 

I have also filed for a re entry permit which has been received by USCIS in order for me to stay in the UK to take care of my mother for a little while longer until my sister can take over. 
 

He has no evidence of fraud at all. I married him because I loved him and then the relationship broke down because he was abusive.

[beloved_dingo 1,979]

He can threaten all he wants, you are an LPR with a 10 year green card and his threats mean nothing now. You BOTH showed proof of a genuine relationship/marriage to even get to this point so he is talking out of his rear end. 

 

An annulment based on fraud would require *proof* that you willfully committed fraud to falsely lure him into marriage and the fraud must have been "discovered" within 4 years (in California - it varies by state). Unless you sent him a text or something recently that said "I married you for the greencard lol" I think you are good. 

 

I agree with the advice to find legal aid. It will provide you with support and security going through the process. 

[Marthaeu 39]

14 hours ago, oat12 said:

Hello everyone. 
 

I need some help. I am a 10 year greencard holder (IR1).
 

Since leaving my spouse (please refer to previous topic). I was able to file a divorce case with a court in CA. My spouse got served and this must have triggered him as he has reported me to USCIS (I'm not worried about this as he has no evidence since it’s all lies) but my concern here is that he told me he will be filing a response to my divorce by ticking the box “annulment based on fraud”. 
 

I appreciate that this maybe not be the right place to ask but I cannot afford a lawyer and wanted to know how I proceed if I filed for a divorce based on irreconcilable differences and he is responding with annulment based on fraud?

 

He is doing anything and everything he can to spite me and I just want to move on. 
 

 

But you already have your permanent residence and even if he goes to immigration and reports the alleged Fraud right now he is no longer of any use to you.  Within the evidence he presented for marriage in good faith, did he also lie on that evidence?  Was there coercion in that marriage?  or was he married by force?  threatened him with death if they didn't get married?  In short, there are many questions for him., When did you find out it was Fraud?  after you file the divorce?  Has no sense .

Edited August 2, 2022 by Marthaeu

[Dashinka 24,498]

45 minutes ago, oat12 said:

I do have the green card yes, I got a 10 year green card because my ex and I were married for over 3 years at the time of my approval. 
 

I have also filed for a re entry permit which has been received by USCIS in order for me to stay in the UK to take care of my mother for a little while longer until my sister can take over. 
 

He has no evidence of fraud at all. I married him because I loved him and then the relationship broke down because he was abusive.

Do you have your physical card, or just the stamp with your visa?  I read through your other thread and it seemed you were still using your endorsed visa as a GC.  If so, hopefully you were able to change the address to where USCIS will send the physical card.

Edited August 2, 2022 by Dashinka

[oat12 29]

Just now, Dashinka said:

Do you have your physical card, or just the stamp?  I read through your other thread and it seemed you were still using your endorsed visa as a GC.  If so, hopefully you were able to change the address to where USCIS will send the physical card.

I now have the physical card too thankfully

[Soksboy 13]

No need for the immigration lawyer. File whatever the next step you need to file with immigration and deal with whatever USCIS response is.

A lawyer can only guess what they have in their files about you that was said by your spouse.

 

That said USCIS ignores most of those letters and comments by angry exes and soon to be exes.

 

Correspond with him via paper or electronic means only. That way you have proof of all his stupidity.

Besides your greencard, what is he trying to get from you? If nothing else, you might not even need a lawyer.

 

Respond to every legal document sent. Else a default judgement might be entered in his favor.

I think you are given more time to respond since you are out of the country.

FYI he might try to pull a fast one by sending it to your last address, saying he did not know you are currently in the UK.

If you think he has filed, check with the courts in the city where you or he lives. I think those are his choices of where to file.

You will have to eventually come back to deal with the case.

 

Even though he filed the case, you also have a say if this ends divorce or annulment.

[oat12 29]

1 minute ago, Soksboy said:

No need for the immigration lawyer. File whatever the next step you need to file with immigration and deal with whatever USCIS response is.

A lawyer can only guess what they have in their files about you that was said by your spouse.

 

That said USCIS ignores most of those letters and comments by angry exes and soon to be exes.

 

Correspond with him via paper or electronic means only. That way you have proof of all his stupidity.

Besides your greencard, what is he trying to get from you? If nothing else, you might not even need a lawyer.

 

Respond to every legal document sent. Else a default judgement might be entered in his favor.

I think you are given more time to respond since you are out of the country.

FYI he might try to pull a fast one by sending it to your last address, saying he did not know you are currently in the UK.

If you think he has filed, check with the courts in the city where you or he lives. I think those are his choices of where to file.

You will have to eventually come back to deal with the case.

 

Even though he filed the case, you also have a say if this ends divorce or annulment.

I don't know what he wants from me. I have emailed him respectfully advising him that I will not be coming for any of his assets and will be as amicable as possible in the divorce because all I want is for it to be completed. He wants my green card from me but he has also stated that he wants me to never be allowed to step foot in the US again, he thinks that all of this can happen just because he made a false claim to USCIS. He just wants to disparage me and make me miserable in any way that he can.

I will call the courts to see what he has filed but I filed a petition which has been accepted and he has been served and this has been filed with the court too to document that he was served. Luckily, I called today and they told me they could do zoom meetings/trials since I am in the UK. He did not file the case, I did. He just wants to contest it.

 

Thank you for your advice though, I really appreciate it and it is very helpful.

[Soksboy 13]

1 minute ago, oat12 said:

I don't know what he wants from me. I have emailed him respectfully advising him that I will not be coming for any of his assets and will be as amicable as possible in the divorce because all I want is for it to be completed. He wants my green card from me but he has also stated that he wants me to never be allowed to step foot in the US again, he thinks that all of this can happen just because he made a false claim to USCIS. He just wants to disparage me and make me miserable in any way that he can.

I will call the courts to see what he has filed but I filed a petition which has been accepted and he has been served and this has been filed with the court too to document that he was served. Luckily, I called today and they told me they could do zoom meetings/trials since I am in the UK. He did not file the case, I did. He just wants to contest it.

 

Thank you for your advice though, I really appreciate it and it is very helpful.

If you are the one who filed, no need to call the court, you case supersedes his on this matter.

He can contest all he wants. They both of you have to be in it to make the marriage work.

 

Personally, I would try to get a split of assets or money if possible. It will give him something to think about if there are marital assets.

If nothing else, it will force him to negotiate. His assets for him to stop contesting. 

FYI do not make this a negotiation for him to let you keep your greencard because that is not even up for debate.

If you get some money from him, at least you can use it to party on his dime.

[African Zealot 1,455]

9 hours ago, oat12 said:

I tried but he thinks I’m lying or threatening him. He has no clue how any of this works, not the divorce or the immigration process. He just thinks because he’s bitter that he can control the narrative, my immigration status and now the divorce and I’m losing myself to stress in the process. 

The truth is that the authorities hardly ever come after the American citizen for fraud so it is never a deterrent to an American ex committed on destroying you. In any case people cut their noses to spite their faces all the time. It is pretty standard human behavior.

 

In any case proving a marriage was entered into based on fraud to get it annulled is a very high bar to overcome, don't be overly concerned about it. Even if he was a very wealthy man with significant money to throw at it, you shouldn't be quaking in your boots much less for the average person for whom billable hours and hiring private detectives etc will be financially crippling.

 

Get the legal aid you can, but don't let this get you down.

Edited August 2, 2022 by African Zealot

[Family 3,988]

1 hour ago, oat12 said:

will call the courts to see what he has filed but I filed a petition which has been accepted and he has been served and this has been filed with the court too to document that he was served. Luckily, I called today and they told me they could do zoom meetings/trials since I am in the UK. He did not file the case, I did. He just wants to contest it.

Interesting point that CA courts can support a zoom trial with you living in the UK. 
As per your previous posts , you had already decided divorce before you made the Green Card Activation Entry on May 27, 2022 and stayed in a hotel somewhere,  for 2 weeks  ..and another few days in US to file re-entry in June , 2022 …am assuming yet another few days trip in July 2022 to do biometrics for I-131 …so you could not have established residence.,

I did not think it would be so simple to DIY a divorce in CA while living in the UK and Zoom the trial to boot ! 
 

Live and learn 

 

Edited August 2, 2022 by Family