Getting Anulled before master hearing

[Sandy Bee 6]

Hi, I have a dilemma..

My husband and I had gotten past our stokes, and then we got approved for petition. (I am the USC) And in the past few months he has been really disrespectful, and not himself lately. I'm guessing because now he thinks he has it all, when he hasn't even gotten his GC yet... And He lied to me a few times, and I just can't take it anymore. I just don't feel lkike things are right anymore.

He has a master hearing in June. If I get the marriage anulled on fraud reasons, (EA: He doesn't live with me now, he even got a drivers license in a different state a month ago, oother than the state we said we were living in during the stokes)

If I get the marraige anulled what type of evidence do I need to show the courts? I do not want a divorce because I'd rather have it not on my record, so anullment would be ideal. And the other question is, Is there a reason now he is acting so disrespectful? I mean, Does he know something I dont, like If he has the petition we don't even need to be married any more, even thogh he still has a master hearing in June? and A few more His lawyer said too.

Please some one try to help me out. NExt week I am going to the courts to file, so I just need to know what to expect. And No, I'm not going to get in trouble for being fraudulent myself because I went into this marraige with bona fide intentions.

[Otto 83]

** Topic may be better suited in "Effects of Major Family Changes on Immigration Benefits" Forum; moving thread there.

[justashooter 430]

sorry to hear he sees you as nothing more than a stepping stone. be swift and sure to remove yourself from under his foot. see a divorce lawyer for details of annulment, or google it with your state name in the search criteria, also.

[Sandy Bee 6]

Can anyone help me out with this question?

[TheBears 9]

Shooter gave you good advice. Here's what I got for following it.

http://www.google.com/search?hl=en&client=firefox-a&hs=80f&rls=org.mozilla:en-US:official&ei=Do2_S6zUH8mUnQfM5oCNCg&sa=X&oi=spell&resnum=0&ct=result&cd=1&ved=0CAkQBSgA&q=nyc+annulments&spell=1

http://www.divorcenet.com/states/new_york/nyfaq11

http://en.wikipedia.org/wiki/Annulment#Annulment_in_New_York_State

http://divorce.clementlaw.com/2006/09/articles/divorce/dissolving-the-marriage-divorce-v-annulment/

Now it's your turn.

[JimVaPhuong 4,863]

Hi, I have a dilemma..

My husband and I had gotten past our stokes, and then we got approved for petition. (I am the USC) And in the past few months he has been really disrespectful, and not himself lately. I'm guessing because now he thinks he has it all, when he hasn't even gotten his GC yet... And He lied to me a few times, and I just can't take it anymore. I just don't feel lkike things are right anymore.

He has a master hearing in June. If I get the marriage anulled on fraud reasons, (EA: He doesn't live with me now, he even got a drivers license in a different state a month ago, oother than the state we said we were living in during the stokes)

If I get the marraige anulled what type of evidence do I need to show the courts? I do not want a divorce because I'd rather have it not on my record, so anullment would be ideal. And the other question is, Is there a reason now he is acting so disrespectful? I mean, Does he know something I dont, like If he has the petition we don't even need to be married any more, even thogh he still has a master hearing in June? and A few more His lawyer said too.

Please some one try to help me out. NExt week I am going to the courts to file, so I just need to know what to expect. And No, I'm not going to get in trouble for being fraudulent myself because I went into this marraige with bona fide intentions.

Wait. There's a whole lot of information you haven't included here. Maybe you posted your story somewhere else. I dunno.

Why does he have master hearing? Is he in removal proceedings? Why did you have a stokes interrogation? Did you marry in the US, attempt to adjust status, and he was denied? What's going on?

[justashooter 430]

"the state we said we were living in"? were you living together in said state at the time of the stokes? if not, you are both in deep.

[Sandy Bee 6]

Wait. There's a whole lot of information you haven't included here. Maybe you posted your story somewhere else. I dunno.

Why does he have master hearing? Is he in removal proceedings? Why did you have a stokes interrogation? Did you marry in the US, attempt to adjust status, and he was denied? What's going on?

Ok here goes: (Sorry its a bit long)

He has a master hearing because he was married 3 years ago, and they thought it was fraudulent, so he went into removal proceedings last year (He failed to show up to the second stokes inteview with her because he knew he'd fail) but when me and him got married last year, (Right after the divorce b/t them) it took him out of removal proceedings in a way, but now they are taking extra precautions, I guess. We passed the stokes interview, very easily actually. All this, I think, was becuase they thought his last married a few years ago was a sham. He is hopeful aat the master hearing that the judge will grant him the GC, at least I think thats what his lawyer said. But I dont want to be involved anymore, and I dont know what to do.

He has been super disrespectful; signing up on dating websites secretly when I'm not around, doing all this ###### emailing girls on Facebook constantly, but deleting the messages. And If I found out.. he was like "well I want friends, you know I like to have lots of friends". Its just so disrespecful to a woman you marry. And I'm not some big fat pig, I'm an attractive 23 y/o college graduate getting my masters in nursing, and I have a lot to offer, and it's sad that I wasted my time on this person who i thought was genuine. I want to tear my affidavit of support right out from underhim, but I dont know if I can do that, althougth I am hoping it may be easier than the others b/c he hasn't gotten any AOS or GC or anything like that yet. So he is still in limbo so-to-speak.

And when I say he doesn't live with me in this state anymore, I had to move because of my college that accepted me,in Nj, and he stayed in NY,(Although stated at the stokes he was living in NJ with me) working for his friend. And even got a licence in the state that he is living in, and not the one that we "supposedly" live in together, so maybe I should add that in the letter of withdrawal.. I'm really nervous and don't know what to do, I tried to look up numbers in the USCIS website, But it all became a big blur.

Thanks everyone =)

[JimVaPhuong 4,863]

If his green card hasn't been approved yet then you should be able to withdraw your affidavit of support. Terminating the marriage is a separate matter you'll have to pursue in family court.

Your situation is complicated, and few people in this forum are going to have enough experience to give concrete advice. You really need an attorney who is well versed in immigration law who is working for YOU. Don't let his attorney get wind of what you're planning to do. Otherwise, they may try to cook up an alternative plan that doesn't require your cooperation, like a VAWA claim.

A word of caution: You should consider carefully anything you said during the stokes interrogation, and what you plan to claim when you withdraw the affidavit of support or seek an annulment or divorce. If USCIS believes you lied during the stokes interrogation then you could be criminally prosecuted. Even claiming that he lived with you when he actually lived somewhere else is misrepresentation of a material fact. Again, hire a lawyer before you do anything else.

[Sandy Bee 6]

If his green card hasn't been approved yet then you should be able to withdraw your affidavit of support. Terminating the marriage is a separate matter you'll have to pursue in family court.

Your situation is complicated, and few people in this forum are going to have enough experience to give concrete advice. You really need an attorney who is well versed in immigration law who is working for YOU. Don't let his attorney get wind of what you're planning to do. Otherwise, they may try to cook up an alternative plan that doesn't require your cooperation, like a VAWA claim.

A word of caution: You should consider carefully anything you said during the stokes interrogation, and what you plan to claim when you withdraw the affidavit of support or seek an annulment or divorce. If USCIS believes you lied during the stokes interrogation then you could be criminally prosecuted. Even claiming that he lived with you when he actually lived somewhere else is misrepresentation of a material fact. Again, hire a lawyer before you do anything else.

Thank you!.... I appreciate your help.

I have already laid that plan all out . I know what I said in the stokes interview, and I dont want to brandish my name by saying that I initially lied. And I am not even letting him know what I'm doing. Unless he has installed a hacking device on my computer, lol. I dont want to give him any chance to superceed me in this. And about the lawyer, I dont even speak with his lawyer, because as you said, it is HIS lawyer, and HE is paying her. I hope that you are right when you say that I may still be able to withdrawal.

Can you tell me where to go first for the Withdrawal? I have a family friend who Is an attorny who will help me out Pro-bono, he is VERY good, although not an Immigration attorny.

[sachinky 465]

What was the result of the Stokes interview?

If his AOS has not yet been approved, you may still be able to pull the plug on the AOS.

Good luck to you. Your husband sounds like a real piece of work.

[Sandy Bee 6]

What was the result of the Stokes interview?

If his AOS has not yet been approved, you may still be able to pull the plug on the AOS.

Good luck to you. Your husband sounds like a real piece of work.

At the stokes interview it went perfect. He (The interviewer) told us we were approved, but said It had to be sent in the mail and go through the other departments because thats just how it works. It was in October, and in December I got a letter saying the petition was approved, I'm assuming, that it meant they believed we are in a bona fide marriage. He hasn't gotten his AOS, because he has this master hearing coming up in May. I wonder if that is when they will grant his AOS, or a GC or something like that. =( I am trying to move this along asap. I am calling USCIS on monday.

[sachinky 465]

His "master hearing" regarding deportation proceedings based on his first sham marriage to a USC?

[Sandy Bee 6]

His "master hearing" regarding deportation proceedings based on his first sham marriage to a USC?

No he had a master hearing a little less than a year ago about that previous marraige, and to lift him from the removal proceedings. I believe this master hearing is about Our present marraige, but his lawyer only talks to him about it, so when I asked him, and read the letters, What I got from it was that it was about our marraige.

[rika60607 215]

You got a letter saying that petition was approved??? What petition?

At the stokes interview it went perfect. He (The interviewer) told us we were approved, but said It had to be sent in the mail and go through the other departments because thats just how it works. It was in October, and in December I got a letter saying the petition was approved, I'm assuming, that it meant they believed we are in a bona fide marriage. He hasn't gotten his AOS, because he has this master hearing coming up in May. I wonder if that is when they will grant his AOS, or a GC or something like that. =( I am trying to move this along asap. I am calling USCIS on monday.