My brother in law flew away after he got green card

[Family 3,988]

Definitely fraud, 

Hire an Indian attorney and get an annulment for fraud ( not divorce ) from India courts. Assuming here they married in India. As per link , fraud claim needs to be filed within one of of its discovery, not marriage date. 
If you can pull off annulment pretty quickly ( less than 5 years) chances are his LPR journey will be very bumpy

 

https://www.kaanoon.com/187674/marriage-annulment-via-fraud

You can file petition for annulment of marriage on the ground of fraud or you can file divorce petition on the grounds mentioned in section 13 of HM act. If you prepare section 13 there must be one year seperation period before filing the petition. If you prepare section 12, you have to prove the fraud committed by him. As per section 12(1)(c) Hindu marriages act, no such petition for annulling a marriage on the ground specified in HM act i.e., on the ground of consent by fraud, shall be entertained if the petition is presented more than one year after the fraud had been discovered. 

Therefore, if your consent to the marriage is obtained by fraud, you have to file petition for annulment of marriage within one year from the time when the fraud is discovered. Asif no petition shall lie before the Court, if you continued to live with him as a wife even after the fraud was discovered

 

[Chancy 6,241]

*** Moved from Bringing Family of USC forum to Effects of Major Family Changes on Immigration Benefits, where similar topics about possible marriage fraud are discussed ***

 

[igoyougoduke 1,653]

11 hours ago, Desert Storm said:

My sister, who is a US Citizen, got married to her husband in 2019 in India. My brother in law had a previous marriage and he had a dowry case on him from his previous wife. He made us believe that the case was closed and his previous wife falsely put a case on him. We believed him and later when my sister got married, it took him longer to clear the process. I am also confused how he was able to get a police clearance certificate in India because dowry case is a criminal offense. In Aug 2022 he immigrated to US and got an unconditional green card in a month. In Feb 2023 he flew away and he just texted my sister saying he is going away to India. 
 

3-4 days later he called my brother and told him that he is going to divorce my sister. 
 

clearly this is immigration fraud. Is there anything we could do. 

@sandranj please advise

what is the immigration fraud here ? clearly confused about the post.  marriage didnt work out and he wanted a divorce. proving anything here is pretty difficult and why would ICE get involved.. 

[African Zealot 1,455]

In my opinion pursuing this is a waste of everyone’s time including immigration authorities, yourself, your sister and the dishonest bird who has flown away. 
 

I don’t see it going anywhere based on what you wrote. Divorce and move on

 

My $0.02

[Desert Storm 10]

23 hours ago, Family said:

Definitely fraud, 

Hire an Indian attorney and get an annulment for fraud ( not divorce ) from India courts. Assuming here they married in India. As per link , fraud claim needs to be filed within one of of its discovery, not marriage date. 
If you can pull off annulment pretty quickly ( less than 5 years) chances are his LPR journey will be very bumpy

 

https://www.kaanoon.com/187674/marriage-annulment-via-fraud

You can file petition for annulment of marriage on the ground of fraud or you can file divorce petition on the grounds mentioned in section 13 of HM act. If you prepare section 13 there must be one year seperation period before filing the petition. If you prepare section 12, you have to prove the fraud committed by him. As per section 12(1)(c) Hindu marriages act, no such petition for annulling a marriage on the ground specified in HM act i.e., on the ground of consent by fraud, shall be entertained if the petition is presented more than one year after the fraud had been discovered. 

Therefore, if your consent to the marriage is obtained by fraud, you have to file petition for annulment of marriage within one year from the time when the fraud is discovered. Asif no petition shall lie before the Court, if you continued to live with him as a wife even after the fraud was discovered

 

thanks for sharing. I will pass this on

[Family 3,988]

45 minutes ago, Desert Storm said:

thanks for sharing. I will pass this on

The fact that his previous wife filed a “ dowry” complaint against him means there was considerable domestic violence , encouraging and supported by his own family against the ex wife and her parents. 
 

The statistics of reported deaths and “ suicides” is less than realistic.,since many many are never reported. Without growing awareness and advocacy..and societal pressure, change is very slow. ..as complaints do not result in arrests and only a small fraction result in conviction…,

Hopefully your sister pursues her annulment in India and as she heals , perhaps thank her lucky starts the fellow ran off with tail between his legs. Am sure part of that is the fact that she has her own family support system here. 
 

Securing an annulment will also ensure she is not responsible for I-864 obligations…in case he was less than honest when he texted” am going back to India”.

 

So if you want to help your sister, then spearhead her annulment….it’s usually more difficult for the involved party to take swift action during emotional times.

“ Good riddance to bad rubbish “…

 

 

 

https://theowp.org/indias-dowry-scare/

Predominant among them are cruelty (mental and physical torture and harassment), domestic violence (including physical, emotional, and sexual assault), and abetment to suicide and dowry death (including bride burning and murder

[Boiler 45,417]

An annulment has no impact on the I 864, now if he did give up his GC then that would.

[Family 3,988]

Dowry complaints…example

 

https://www.reuters.com/article/us-india-women-crime-trfn/young-brides-deaths-trigger-dowry-crackdown-in-southern-india-idUSKCN2E417V

Police, who said they had yet to establish whether Nair died by suicide or was murdered, are investigating a dowry harassment complaint filed by her family against her in-laws.

[Family 3,988]

9 minutes ago, Boiler said:

An annulment has no impact on the I 864, now if he did give up his GC then that would

GC will not withstand annulment for marriage  fraud.

[Boiler 45,417]

1 minute ago, Family said:

GC will not withstand annulment for marriage  fraud.

What marriage fraud, a common complaint but only recollect 2 cases in all the years I have been here and neither involved a 4 year marriage.

 

An to have any substance the case needs to be proven in the US

[Family 3,988]

37 minutes ago, Boiler said:

any substance the case needs to be proven in the US

Annulment due to marriage fraud needs not be in US..and   would establish fraud at inception/ unclean hands ( beyond mere allegations)

 

…at some point , if fellow did not really Fly Off ( abandon LPR)..I trust CBP/ICE will get creative 



 

https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-2

the legal validity of a marriage is determined by the law of the place where the marriage was celebrated (“place-of-celebration rule”). Under this rule, a marriage is valid for immigration purposes in cases where the marriage is valid under the law of the jurisdiction in which it is performed. ^[1] 

[igoyougoduke 1,653]

4 hours ago, Family said:

Annulment due to marriage fraud needs not be in US..and   would establish fraud at inception/ unclean hands ( beyond mere allegations)

 

…at some point , if fellow did not really Fly Off ( abandon LPR)..I trust CBP/ICE will get creative 



 

https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-2

the legal validity of a marriage is determined by the law of the place where the marriage was celebrated (“place-of-celebration rule”). Under this rule, a marriage is valid for immigration purposes in cases where the marriage is valid under the law of the jurisdiction in which it is performed. ^[1] 

still wondering what the fraud here is. Indian police gave him police clearance certificate . i cant tell what the dowry issue but unless there is documented agreement that money was given as dowry, this will be a waste of time and resources...  it will be he said she said scenario

Edited April 12, 2023 by igoyougoduke