K3 visa and divorce, my nightmare

[peque 0]

Hello I want to know if this site can help me, or tell me who can or what to do. I'm not an american citizen and I need some help with this case that turned out to be a nightmare.

I'm a Chilean proffesional, who married an american citizen last year, we had plans for the future and for that I got the K3 visa after the marriage that took place in Staten Island. That visa allowed me to ask for a working authorization.

I went to the US to live with my wife in April this year, I left everything, job, family, friends, apartment all in Chile. When I arrived to NY my wife acted strange, but we continue living together, I applied to the working authorization, and had to come back to Chile to get the rest of my stuff and say goodbye to my family and friends. Everything was going normal til that moment between us, just minor differences and she was happy apparently to have me back in a few weeks.

A few hours before taking the plane to NY, she called me and told me not to come, she was very agressive and didn't give me any explanation. She left me in a very bad shape. She still has a lot of my things there, most of my clothing, a computer and some more stuff she said she was going to send them to a friend I have there. She also wanted to charge me for the migration lawyers she hired for the visa process, and she does not care a bit about how much I have spent and left here.

Few days ago she sent me an annulment affidavit to sign, the motive was ch14 @ 140, "the consent of the plaintiff to the marriage was obtained by fraud". I sent her an email telling her that I won't sign a paper that says that I commited fraud, It may compromise me in ways I don't know, she acted very mad and told me it was just a common procedure, she is a lawyer.

After all, I feel helpless, I'm not in the US, but also I don't know what to do. I spent a lot to get there, financially and emotionally, left a job and I've been living with my savings since March, I don't know really what to do, that is why if there is anyway that someone can help me understand the procedures, and which are my rights. I just want to end this, I've been in psychologycal treatment because it was very hard for me, and I'm not fully recovered to look for a job yet.

With this notice, the story goes on and on. Please if you can help me in any way I would appreciatte it very much.

[archie07 0]

Hello I want to know if this site can help me, or tell me who can or what to do. I'm not an american citizen and I need some help with this case that turned out to be a nightmare.

I'm a Chilean proffesional, who married an american citizen last year, we had plans for the future and for that I got the K3 visa after the marriage that took place in Staten Island. That visa allowed me to ask for a working authorization.

I went to the US to live with my wife in April this year, I left everything, job, family, friends, apartment all in Chile. When I arrived to NY my wife acted strange, but we continue living together, I applied to the working authorization, and had to come back to Chile to get the rest of my stuff and say goodbye to my family and friends. Everything was going normal til that moment between us, just minor differences and she was happy apparently to have me back in a few weeks.

A few hours before taking the plane to NY, she called me and told me not to come, she was very agressive and didn't give me any explanation. She left me in a very bad shape. She still has a lot of my things there, most of my clothing, a computer and some more stuff she said she was going to send them to a friend I have there. She also wanted to charge me for the migration lawyers she hired for the visa process, and she does not care a bit about how much I have spent and left here.

Few days ago she sent me an annulment affidavit to sign, the motive was ch14 @ 140, "the consent of the plaintiff to the marriage was obtained by fraud". I sent her an email telling her that I won't sign a paper that says that I commited fraud, It may compromise me in ways I don't know, she acted very mad and told me it was just a common procedure, she is a lawyer.

After all, I feel helpless, I'm not in the US, but also I don't know what to do. I spent a lot to get there, financially and emotionally, left a job and I've been living with my savings since March, I don't know really what to do, that is why if there is anyway that someone can help me understand the procedures, and which are my rights. I just want to end this, I've been in psychologycal treatment because it was very hard for me, and I'm not fully recovered to look for a job yet.

With this notice, the story goes on and on. Please if you can help me in any way I would appreciatte it very much.

I think she is saying you used her to obtain a visa. Be careful what you sign.

[ColombianoGringo 0]

Sorry to hear this. You should not sign anything until you consult an attorney. If you admit to any kind of fraud, you could be banned from entering the US in the future. I would talk to an attorney as soon as possible. She knows the law and can screw you over royally.

Good luck,

CG

[Jasman0717 9]

This is terrible, why can't adults act like adults

[MargotDarko 0]

Just want to add my sympathy for you and also to say again that you do need a good lawyer and do not sign what she's given you. There's a folder below called "Effects of Major Family Changes on Immigration Benefits" which may be helpful.

[kim&james 0]

You will need 2 lawyers. One in family law and one in immigration law. At the very least, have a consultation with these types of lawyers to better understand your situation. Obviously, something seems to have changed your wifes mind if she has already proceeded to this stage and if communication between the two of you has broken down this far then dont try to do this alone. You will need professional legal representation.

Im sorry your going through this but best of luck to you.

[wjr 3]

Hello I want to know if this site can help me, or tell me who can or what to do. I'm not an american citizen and I need some help with this case that turned out to be a nightmare.

I'm a Chilean proffesional, who married an american citizen last year, we had plans for the future and for that I got the K3 visa after the marriage that took place in Staten Island. That visa allowed me to ask for a working authorization.

I went to the US to live with my wife in April this year, I left everything, job, family, friends, apartment all in Chile. When I arrived to NY my wife acted strange, but we continue living together, I applied to the working authorization, and had to come back to Chile to get the rest of my stuff and say goodbye to my family and friends. Everything was going normal til that moment between us, just minor differences and she was happy apparently to have me back in a few weeks.

A few hours before taking the plane to NY, she called me and told me not to come, she was very agressive and didn't give me any explanation. She left me in a very bad shape. She still has a lot of my things there, most of my clothing, a computer and some more stuff she said she was going to send them to a friend I have there. She also wanted to charge me for the migration lawyers she hired for the visa process, and she does not care a bit about how much I have spent and left here.

Few days ago she sent me an annulment affidavit to sign, the motive was ch14 @ 140, "the consent of the plaintiff to the marriage was obtained by fraud". I sent her an email telling her that I won't sign a paper that says that I commited fraud, It may compromise me in ways I don't know, she acted very mad and told me it was just a common procedure, she is a lawyer.

After all, I feel helpless, I'm not in the US, but also I don't know what to do. I spent a lot to get there, financially and emotionally, left a job and I've been living with my savings since March, I don't know really what to do, that is why if there is anyway that someone can help me understand the procedures, and which are my rights. I just want to end this, I've been in psychologycal treatment because it was very hard for me, and I'm not fully recovered to look for a job yet.

With this notice, the story goes on and on. Please if you can help me in any way I would appreciatte it very much.

First of all (if I am not mistaken, please if I am wrong someone correct me) an annulment that says "you committed fraud is "NOT" normal procedure!!!!!! Do "NOT" sign anything that this Bit!@ wants you to sign until you have spoke to an attorney. Also I believe that she can have a lot of problems for lying (About it being normal procedure). You can go to www.lawyers.com, sign up for a free account. Here you will be able to post a message and a lawyer will answer your question, sometimes it can take a couple of days to get an answer, but it will be worth the help. Remember...... DO NOT sign anything until you are educated on what she is doing. WJR

[diadromous mermaid 36]

§ 140. Action for judgment declaring nullity of void marriages or

annulling voidable marriage. (a) Former husband or wife living. An

action to declare the nullity of a void marriage upon the ground that

the former husband or wife of one of the parties was living, the former

marriage being in force, may be maintained by either of the parties

during the life-time of the other, or by the former husband or wife.

(B) Party under age of consent. An action to annul a marriage on the

ground that one or both of the parties had not attained the age of legal

consent may be maintained by the infant, or by either parent of the

infant, or by the guardian of the infant's person; or the court may

allow the action to be maintained by any person as the next friend of

the infant. But a marriage shall not be annulled under this subdivision

at the suit of a party who was of the age of legal consent when it was

contracted, or by a party who for any time after he or she attained that

age freely cohabited with the other party as husband or wife.

© Party a mentally retarded person or mentally ill person. An

action to annul a marriage on the ground that one of the parties thereto

was a mentally retarded person may be maintained at any time during the

life-time of either party by any relative of a mentally retarded person,

who has an interest to avoid the marriage. An action to annul a

marriage on the ground that one of the parties thereto was a mentally

ill person may be maintained at any time during the continuance of the

mental illness, or, after the death of the mentally ill person in that

condition, and during the life of the other party to the marriage, by

any relative of the mentally ill person who has an interest to avoid the

marriage. Such an action may also be maintained by the mentally ill

person at any time after restoration to a sound mind; but in that case,

the marriage should not be annulled if it appears that the parties

freely cohabited as husband and wife after the mentally ill person was

restored to a sound mind. Where one of the parties to a marriage was a

mentally ill person at the time of the marriage, an action may also be

maintained by the other party at any time during the continuance of the

mental illness, provided the plaintiff did not know of the mental

illness at the time of the marriage. Where no relative of the mentally

retarded person or mentally ill person brings an action to annul the

marriage and the mentally ill person is not restored to sound mind, the

court may allow an action for that purpose to be maintained at any time

during the life-time of both the parties to the marriage, by any person

as the next friend of the mentally retarded person or mentally ill

person.

(d) Physical incapacity. An action to annul a marriage on the ground

that one of the parties was physically incapable of entering into the

marriage state may be maintained by the injured party against the party

whose incapacity is alleged; or such an action may be maintained by the

party who was incapable against the other party, provided the incapable

party was unaware of the incapacity at the time of marriage, or if aware

of such incapacity, did not know it was incurable. Such an action can

be maintained only where an incapacity continues and is incurable, and

must be commenced before five years have expired since the marriage.

(e) Consent by force, duress or fraud. An action to annul a marriage

on the ground that the consent of one of the parties thereto was

obtained by force or duress may be maintained at any time by the party

whose consent was so obtained. An action to annul a marriage on the

ground that the consent of one of the parties thereto was obtained by

fraud may be maintained by the party whose consent was so obtained

within the limitations of time for enforcing a civil remedy of the civil

practice law and rules. Any such action may also be maintained during

the life-time of the other party by the parent, or the guardian of the

person of the party whose consent was so obtained, or by any relative of

that party who has an interest to avoid the marriage, provided that in

an action to annul a marriage on the ground of fraud the limitation

prescribed in the civil practice law and rules has not run. But a

marriage shall not be annulled on the ground of force or duress if it

appears that, at any time before the commencement of the action, the

parties thereto voluntarily cohabited as husband and wife; or on the

ground of fraud, if it appears that, at any time before the commencement

thereof, the parties voluntarily cohabited as husband and wife, with a

full knowledge of the facts constituting the fraud.

Incurable mental illness for five years. An action to annul a

marriage upon the ground that one of the parties has been incurably

mentally ill for a period of five years or more may be maintained by or

on behalf of either of the parties to such marriage.

[knowledge 0]

The story sound surreal. of course there are the 2 versions of the story...It seems to me that not letting you in the US, is not a too sound way to terminate a marriage...which should be done as adults together...in person...soo immature..for 1 and for 2, was she putting you in trouble by forcing you to sign under false presomption, because SHE is a lawyer...hm!...weird for a professional...seems to me quite abusing the profession...maybe are these some other little arguments...? Good luck!...and be careful!...why not taking the plane back and facing her?...after all...you are still married...at least this is what i would have done...i won't take bs trhough the phone...we have to talke baby face to face...too easy to get away with the bs you put me into...))...well...

Best regards!

Mermaid...i wish my english to be better to understand the law...can you simplify the excerpt posted? lol...

[JJWashington 0]

Good Luck

[diadromous mermaid 36]

The story sound surreal. of course there are the 2 versions of the story...It seems to me that not letting you in the US, is not a too sound way to terminate a marriage...which should be done as adults together...in person...soo immature..for 1 and for 2, was she putting you in trouble by forcing you to sign under false presomption, because SHE is a lawyer...hm!...weird for a professional...seems to me quite abusing the profession...maybe are these some other little arguments...? Good luck!...and be careful!...why not taking the plane back and facing her?...after all...you are still married...at least this is what i would have done...i won't take bs trhough the phone...we have to talke baby face to face...too easy to get away with the bs you put me into... ))...well...

Best regards!

Mermaid...i wish my english to be better to understand the law...can you simplify the excerpt posted? lol...

Sure. Simply put, if a spouse wishes to annul a marriage in the state of New York, on the grounds that he or she was deceived into marriage by fraudulent representations of the other spouse, then the deceived spouse must file to annul within certain time contraints (as specified by the statute of limitations for a civil action, in New York). (There's mention of parents and guardians of under-age victims, taking action during the lifetime of the victim, and not posthumously.)

Also, and this one is very important, in the case of a spouse wishing to annul a marriage on the basis that he or she was defrauded, or deceived into marriage, such action can only be taken if subsequent to determining that he or she was a victim of fraud, he or she has not since continued to cohabit with the offender. In other words, if a person claims they have been deceived into marriage and wish to annul, they can't do so if they have lived together, willingly, after learning of the fraud.

[Alt name 1]

Wow. Yep, welcome to America. My guess? When your wife sponsored you she became legally obligated to you until either you work and earn 40 credits with Social Security (10 years) or until you become a US citizen. Doesn't matter if you are married, divorced, or separated. It appears that perhaps in some shallow way she has changed her mind about the whole thing, and if she can have you admit to this crime of fraud then she can magically just erase her obligation and move on. I would (highly and with prejudice) suggest that you not sign this. I would also, if you want to keep your legal status, suggest that you return to your home. hm, if it were me, I'd also hold her to that 10 years, every single one of them, but that's principle only and love can easily become war. Very sorry to hear that you are going through this.

Hello I want to know if this site can help me, or tell me who can or what to do. I'm not an american citizen and I need some help with this case that turned out to be a nightmare.

I'm a Chilean proffesional, who married an american citizen last year, we had plans for the future and for that I got the K3 visa after the marriage that took place in Staten Island. That visa allowed me to ask for a working authorization.

I went to the US to live with my wife in April this year, I left everything, job, family, friends, apartment all in Chile. When I arrived to NY my wife acted strange, but we continue living together, I applied to the working authorization, and had to come back to Chile to get the rest of my stuff and say goodbye to my family and friends. Everything was going normal til that moment between us, just minor differences and she was happy apparently to have me back in a few weeks.

A few hours before taking the plane to NY, she called me and told me not to come, she was very agressive and didn't give me any explanation. She left me in a very bad shape. She still has a lot of my things there, most of my clothing, a computer and some more stuff she said she was going to send them to a friend I have there. She also wanted to charge me for the migration lawyers she hired for the visa process, and she does not care a bit about how much I have spent and left here.

Few days ago she sent me an annulment affidavit to sign, the motive was ch14 @ 140, "the consent of the plaintiff to the marriage was obtained by fraud". I sent her an email telling her that I won't sign a paper that says that I commited fraud, It may compromise me in ways I don't know, she acted very mad and told me it was just a common procedure, she is a lawyer.

After all, I feel helpless, I'm not in the US, but also I don't know what to do. I spent a lot to get there, financially and emotionally, left a job and I've been living with my savings since March, I don't know really what to do, that is why if there is anyway that someone can help me understand the procedures, and which are my rights. I just want to end this, I've been in psychologycal treatment because it was very hard for me, and I'm not fully recovered to look for a job yet.

With this notice, the story goes on and on. Please if you can help me in any way I would appreciatte it very much.

[knowledge 0]

The story sound surreal. of course there are the 2 versions of the story...It seems to me that not letting you in the US, is not a too sound way to terminate a marriage...which should be done as adults together...in person...soo immature..for 1 and for 2, was she putting you in trouble by forcing you to sign under false presomption, because SHE is a lawyer...hm!...weird for a professional...seems to me quite abusing the profession...maybe are these some other little arguments...? Good luck!...and be careful!...why not taking the plane back and facing her?...after all...you are still married...at least this is what i would have done...i won't take bs trhough the phone...we have to talke baby face to face...too easy to get away with the bs you put me into... ))...well...

Best regards!

Mermaid...i wish my english to be better to understand the law...can you simplify the excerpt posted? lol...

Sure. Simply put, if a spouse wishes to annul a marriage in the state of New York, on the grounds that he or she was deceived into marriage by fraudulent representations of the other spouse, then the deceived spouse must file to annul within certain time contraints (as specified by the statute of limitations for a civil action, in New York). (There's mention of parents and guardians of under-age victims, taking action during the lifetime of the victim, and not posthumously.)

Also, and this one is very important, in the case of a spouse wishing to annul a marriage on the basis that he or she was defrauded, or deceived into marriage, such action can only be taken if subsequent to determining that he or she was a victim of fraud, he or she has not since continued to cohabit with the offender. In other words, if a person claims they have been deceived into marriage and wish to annul, they can't do so if they have lived together, willingly, after learning of the fraud.

Thank you very much to take the time to explain! it's clear to me...but in the international marriage...and like in his case, the spouse "foces" him not to come and taking advantage of the law, because she is here also, she can say it's fraud still...even if he is not, if I believe him...if so he might be banned from the US next time right?....hm!...that's really not nice on her part!...

[diadromous mermaid 36]

The story sound surreal. of course there are the 2 versions of the story...It seems to me that not letting you in the US, is not a too sound way to terminate a marriage...which should be done as adults together...in person...soo immature..for 1 and for 2, was she putting you in trouble by forcing you to sign under false presomption, because SHE is a lawyer...hm!...weird for a professional...seems to me quite abusing the profession...maybe are these some other little arguments...? Good luck!...and be careful!...why not taking the plane back and facing her?...after all...you are still married...at least this is what i would have done...i won't take bs trhough the phone...we have to talke baby face to face...too easy to get away with the bs you put me into... ))...well...

Best regards!

Mermaid...i wish my english to be better to understand the law...can you simplify the excerpt posted? lol...

Sure. Simply put, if a spouse wishes to annul a marriage in the state of New York, on the grounds that he or she was deceived into marriage by fraudulent representations of the other spouse, then the deceived spouse must file to annul within certain time contraints (as specified by the statute of limitations for a civil action, in New York). (There's mention of parents and guardians of under-age victims, taking action during the lifetime of the victim, and not posthumously.)

Also, and this one is very important, in the case of a spouse wishing to annul a marriage on the basis that he or she was defrauded, or deceived into marriage, such action can only be taken if subsequent to determining that he or she was a victim of fraud, he or she has not since continued to cohabit with the offender. In other words, if a person claims they have been deceived into marriage and wish to annul, they can't do so if they have lived together, willingly, after learning of the fraud.

Thank you very much to take the time to explain! it's clear to me...but in the international marriage...and like in his case, the spouse "foces" him not to come and taking advantage of the law, because she is here also, she can say it's fraud still...even if he is not, if I believe him...if so he might be banned from the US next time right?....hm!...that's really not nice on her part!...

Well, it isn't quite as simple as that. In any court proceeding, a plaintiff can make allegations, but in order for the court to honor the request to annul a marriage on grounds of fraud, those allegations have to be supported with facts. I would suspect in a case like this one, the judge would take all facts in the case into consideration, from both sides, he would then deliberate and render an opinion based on the facts at hand. In the case of a request to annul a marriage, if the facts don't clearly demonstrate that there were fraudulent misrepresentations on the part of the defendant, then chances are the judge would simply proclaim the marriage terminated by way of divorce.

[squentna 0]

This is all too simple: you guys are making it complicated.

Sue her for alimony because you are forced into poverty in Chile. She and her lawyer will settle for a divorce based on irreconcilable differences which is what it was anyway.

Good riddance! The rest is irrelevant.