I just came across this web site, and I'm hoping someone out there might have some ideas. I sponsored my fiance to the USA, and she finally arrived last July. I thought the hard part was finally over. Little did I know the nightmare was only about to start. Shortly after she arrived, I got her a Social Security Card, which of course had the annotation that she could only work with authorization from DHS. Despite my strong urgings not to, she went behind my back and got a job in town (without the required authorization documentation). I told her several times it was illegal yet she refused to quit.
We went through the marriage part, and things continued to go downhill. She continued to make excuses, and in a nutshell, the marriage was never consummated. Then in January, she up and left. Since then she has teamed up with some other woman, and they have essentially been terrorizing me, threatening me that either I fill out the paperwork for her green card, or they will find a way to blackmail me and forge my signature.
I'm considering applying to have the marriage anulled since it was never consummated, and notifying USCIS that she has taken off.
Any suggestions?
Full Version: Got her sponsored, now she's gone
VisaJourney.com > General Family Based Immigration Topics > Effects of Major Family Changes on Immigration Benefits
Wow that sounds like a really bad deal. I would call a lawyer for this. I dont think they can force you to do anything
Just out of curiosity where was she from?
Just out of curiosity where was she from?
I'm so sorry that things didn't work out for you guys and you are being put thru this. I don't have any answers for you, but hope you get rid of her soon. Good luck.
Unfortunately Vietnam. I had heard horror stories, but never thought it would happen to me.
I'm not a US citizen (being the beneficiary of a pending K-1 visa and all), but I would think notifying the powers that be of her wrongdoings would suffice to have that harpy deported (along with that other woman if at all possible) ?
But yeah, talking to an immigration lawyer about this couldn't hurt, I suppose. Really sorry that this is happening to you.
But yeah, talking to an immigration lawyer about this couldn't hurt, I suppose. Really sorry that this is happening to you.
Oh, I did forget one thing. I had a private detective follow her around a little and I have pictures of her with some other guy. Not sure if I should submit them with a letter requesting the petition be withdrawn or what. I've been told the best first step is to have the marriage declared invalid, which is the case since it was never consummated.
Uhm...if this is not a Troll...I'll eat my hat..
Suggestion
If you feel you are being blackmailed or defrauded and you feel it is important that it stops, you should contact the authorities. Begin with your local law enforcement - not 911 - they can assist you.
What state are you in?
What country is she from?
Did you adjust status?
Where are you in the process?
Suggestion
If you feel you are being blackmailed or defrauded and you feel it is important that it stops, you should contact the authorities. Begin with your local law enforcement - not 911 - they can assist you.
What state are you in?
What country is she from?
Did you adjust status?
Where are you in the process?
We're in Washington State. At this point I do not even know where she is, she seems to be moving around. As for the authorities, it's a little hard to get them to do much unless you have a clear location as to where she is, and some form of solid evidence other than verbal threats over the phone.
She has not started the application for adjustment of status yet. She decided she wanted to split and then have me do the rest of the work for her while she has fun. So now she is loose in the city (so to speak), and demanding I do her paperwork for her green card.
I'm very far from being anything close to a lawyer, but if you would withdraw your support to her, testify to USCIS that whatever "signed" document "you" may hand in in her favor was faked by her, etc., etc., that would make her status in the US illegal, and then... I dunno. Provide her description to the cops, record those threats over the phone, y'know.
Maybe what I'm thinking is very nice in theory but unlikely in practice, I wouldn't know. The way I see it, you have a lot of power over her, while all she can do is throw tantrums.
Maybe what I'm thinking is very nice in theory but unlikely in practice, I wouldn't know. The way I see it, you have a lot of power over her, while all she can do is throw tantrums.
Contact an immigration lawyer. Along with USCIS . Give them a phone call. An agent will talk to you in the fraud unit. Let them handle her.
Sorry, i think you knew the answers before you even asked.....
Yeah, I'm just wondering if I can get the marriage anulled. Washington has the stipulation that if it was never consummated the marriage can be considered invalid.
And how would you prove that point???
Well seeing as to how that stipulation is prominant in the court filing papers as to reasoning for requesting the marriage be declared invalid, it seems to me that if I filed first, it would be put on her to prove me wrong. Since we newver slept together, and never had any "relationship", I'd doubt she could describe anything. Kind of similar to most divorces where the woman claims abuse, and the man is left with all the suspicion. My opinion of course.
Nullification of a marriage is commonly called annulment. Annulment is the process by which a Court states that a marriage never legally existed. An annulment must be based on mental illness, fraud, forced consent, physical incapacity to consummate the marriage, lack of consent to underage marriage or bigamy. Children of a marriage annulled for bigamy or mental illness are legitimate. In anullment cases, the court may award custody of children of the marriage and require payment of child support and support of a party. Annulment is different from divorce.
Divorce is when the Court ends an otherwise legal marriage as of a specific date. Divorce usually involves dividing marital property and debts, setting up child custody and visitation (parenting time) schedules, and awarding child and spousal support. Divorce happens when either the husband or wife can prove the requirements or grounds to end the marriage.
Separation may mean either the date of physical separation or "legal separation", a Judgment of Legal Separation. The act of physical separation triggers important legal consequences relating to property rights and debt liabilities. Legal separation resembles divorce in that property and debts are usually divided and custody rights and support are awarded, but spouses are still married and cannot remarry. They may still file joint tax returns and be covered dependents on health insurance.
Annulment grounds are limited to fraud, bigamy and insanity. There are specific legal tests to meet these criteria. Either the husband or the wife may apply to the Court for the annulment of a marriage if either party can show any of the following:
Elements for Nullification:
Grounds for annulment may be set forth by statute or, in many jurisdictions, common-law grounds suffice. The specific grounds at common law are:
Undisclosed prior marriage: This occurs when a marriage is entered into by one party still married to third person. Many jurisdictions allow annulment even if the party seeking the annulment knew the
Person he or she was marrying had not been legally divorced or was denied the right to remarry after divorce.
Violation of divorce decree or statute barring remarriage: Some statutes prohibit remarriage after divorce or within a certain time period after divorce or remarriage to a particular person. Violation of such statutes or divorce decrees to this effect are grounds for annulment.
Marriage entered into with intention that it should not be binding; mock marriage; trial marriage:
The majority rule states that a party to the marriage may seek annulment in a court of equity where the marriage results from levity, jest, no intention to bind or enter into relationship, or no intention to assume rights or responsibilities of marriage. Annulment makes the marriage void. An agreement to enter into a trial marriage where either party by agreement has the option to annul the marriage ceremony is performed "in jest." Where persons agree to marry to accomplish a desired objective (for example, legitimization of a child) the majority of courts will regard the marriage as valid and will not annul on this basis.
Under age of consent: The jurisdiction to annul marriages by people who are not of legal age to consent at the time of marriage is generally conferred by statute. Some courts hold these statutes applicable even where residents of the state go to another state, have the ceremony performed, and immediately return to their former residence, although the marriage was valid where performed. Other courts hold that if the marriage was permissible under the law of the state where the ceremony was performed, it will not be annulled by courts of the domicile of the parties. Under most statutes, nonage does not itself constitute an absolute right to an annulment. The court may have discretion and the marriage remains valid for all civil purposes until a judicial decree of annulment is issued. Where the marriage is void by statute, the court retains no discretion.
Proxy marriage: Some states recognize a proxy marriage even absent statutory authority. Other states do not recognize them other than as common-law marriage when followed by cohabitation and repute. A husband in the military may annul a proxy marriage if there is no consummation, no cohabitation, or no treatment as husband and wife after the marriage ceremony.
A court may annul an incestuous marriage at request of either party to the marriage even though the applicant may have knowingly entered the marriage arrangement. However, courts of one state cannot, at the suit of either party, annul a marriage which was valid under the laws of another state on the ground that the marriage is contrary to domicile state's laws regarding blood relationship marriages.
Mental incapacity: Courts examine whether any incapacity existed at the time of the marriage. If a court finds in the affirmative, the marriage may be annulled as void from the point of the judicial decree of nullity entered. There remains a split of authority as to whether concealment of one's mental incapacity warrants annulment of the marriage. Where concealment does provide a ground for annulment, the following factors are considered: whether affected spouse had knowledge of the actual condition and its seriousness, an intent to deceive, and absence of ratification by the innocent spouse after having learned the facts.
Temporary insanity: If temporary or periodic insanity is claimed, the condition at the time of marriage governs whether or not capacity to marry was present. A marriage will not be annulled if entered into during a lucid interval. The degree of mental incapacity necessary to ground an annulment is incapacity sufficient to deprive a party of an understanding of the duties and relationship of marriage. Mere weakness of intellect remains insufficient.
Intoxication: The complaining party must show intoxication at the marriage ceremony to such a degree as to render that person incapable of knowing the nature of the marriage contract and its consequences.
An action for an annulment must be started by a certain time. The time limit depends on the type of marriage. The shortest time to start an annulment is 4 years after the marriage. If you have questions about the time limit to start an annulment, seek legal assistance in your local area.
Hope this helps...
In short - seek legal assistance (or seek out authorities) or both...
Marriage Laws
Divorce is when the Court ends an otherwise legal marriage as of a specific date. Divorce usually involves dividing marital property and debts, setting up child custody and visitation (parenting time) schedules, and awarding child and spousal support. Divorce happens when either the husband or wife can prove the requirements or grounds to end the marriage.
Separation may mean either the date of physical separation or "legal separation", a Judgment of Legal Separation. The act of physical separation triggers important legal consequences relating to property rights and debt liabilities. Legal separation resembles divorce in that property and debts are usually divided and custody rights and support are awarded, but spouses are still married and cannot remarry. They may still file joint tax returns and be covered dependents on health insurance.
Annulment grounds are limited to fraud, bigamy and insanity. There are specific legal tests to meet these criteria. Either the husband or the wife may apply to the Court for the annulment of a marriage if either party can show any of the following:
Elements for Nullification:
- The other spouse had another husband or wife living at the time of the marriage;
- Either spouse was younger than sixteen at the time of the marriage and did not have court approval;
- Either spouse was sixteen or seventeen at the time of the marriage and did not have parental consent, as long as the annulment action is filed within 60 days after the marriage ceremony;
- Either spouse was under the influence of drugs or alcohol at the time of the marriage, as long as the annulment action is filed within 60 days after the marriage ceremony;
- Either spouse was mentally incompetent or unable to consent at the time of the marriage;
- One of them was threatened or forced to get married;
- One of them agreed to be married based on fraudulent statements or actions by the other spouse;
- One of them was physically and incurably impotent at the time of the marriage, unless the other spouse knew about the impotence before the marriage;
- The marriage is one that is prohibited by law due to the relationship between the parties.
Grounds for annulment may be set forth by statute or, in many jurisdictions, common-law grounds suffice. The specific grounds at common law are:
Undisclosed prior marriage: This occurs when a marriage is entered into by one party still married to third person. Many jurisdictions allow annulment even if the party seeking the annulment knew the
Person he or she was marrying had not been legally divorced or was denied the right to remarry after divorce.
Violation of divorce decree or statute barring remarriage: Some statutes prohibit remarriage after divorce or within a certain time period after divorce or remarriage to a particular person. Violation of such statutes or divorce decrees to this effect are grounds for annulment.
Marriage entered into with intention that it should not be binding; mock marriage; trial marriage:
The majority rule states that a party to the marriage may seek annulment in a court of equity where the marriage results from levity, jest, no intention to bind or enter into relationship, or no intention to assume rights or responsibilities of marriage. Annulment makes the marriage void. An agreement to enter into a trial marriage where either party by agreement has the option to annul the marriage ceremony is performed "in jest." Where persons agree to marry to accomplish a desired objective (for example, legitimization of a child) the majority of courts will regard the marriage as valid and will not annul on this basis.
Under age of consent: The jurisdiction to annul marriages by people who are not of legal age to consent at the time of marriage is generally conferred by statute. Some courts hold these statutes applicable even where residents of the state go to another state, have the ceremony performed, and immediately return to their former residence, although the marriage was valid where performed. Other courts hold that if the marriage was permissible under the law of the state where the ceremony was performed, it will not be annulled by courts of the domicile of the parties. Under most statutes, nonage does not itself constitute an absolute right to an annulment. The court may have discretion and the marriage remains valid for all civil purposes until a judicial decree of annulment is issued. Where the marriage is void by statute, the court retains no discretion.
Proxy marriage: Some states recognize a proxy marriage even absent statutory authority. Other states do not recognize them other than as common-law marriage when followed by cohabitation and repute. A husband in the military may annul a proxy marriage if there is no consummation, no cohabitation, or no treatment as husband and wife after the marriage ceremony.
- Blood relationship; incestuous marriages are marriage between:
- parents and grandchildren,
- grandparents and grandchildren,
- brothers and sisters of half as well as whole blood,
- uncles and nieces of half as well as whole blood, aunts and nephews of half as well as
- whole blood, and
- first cousins of half as well as whole blood.
A court may annul an incestuous marriage at request of either party to the marriage even though the applicant may have knowingly entered the marriage arrangement. However, courts of one state cannot, at the suit of either party, annul a marriage which was valid under the laws of another state on the ground that the marriage is contrary to domicile state's laws regarding blood relationship marriages.
Mental incapacity: Courts examine whether any incapacity existed at the time of the marriage. If a court finds in the affirmative, the marriage may be annulled as void from the point of the judicial decree of nullity entered. There remains a split of authority as to whether concealment of one's mental incapacity warrants annulment of the marriage. Where concealment does provide a ground for annulment, the following factors are considered: whether affected spouse had knowledge of the actual condition and its seriousness, an intent to deceive, and absence of ratification by the innocent spouse after having learned the facts.
Temporary insanity: If temporary or periodic insanity is claimed, the condition at the time of marriage governs whether or not capacity to marry was present. A marriage will not be annulled if entered into during a lucid interval. The degree of mental incapacity necessary to ground an annulment is incapacity sufficient to deprive a party of an understanding of the duties and relationship of marriage. Mere weakness of intellect remains insufficient.
Intoxication: The complaining party must show intoxication at the marriage ceremony to such a degree as to render that person incapable of knowing the nature of the marriage contract and its consequences.
An action for an annulment must be started by a certain time. The time limit depends on the type of marriage. The shortest time to start an annulment is 4 years after the marriage. If you have questions about the time limit to start an annulment, seek legal assistance in your local area.
Hope this helps...
In short - seek legal assistance (or seek out authorities) or both...
Marriage Laws
I would say that it is time to call USCIS, an attorney and try to follow a fraud report with the local sheriff's office. Most Sheriff's offices ahve fraud units. If you step forward first, she would have the burden of proving otherwise. Guess it would come down to how underhanded is she. I would make sure that you are documenting everything. Times of conversations, in person or phone, brief summary of conversation... Documentation is key and you don't want to give her any room to make things worse for you. Sorry to hear you are in this situation.
QUOTE(patiently_waiting @ Mar 25 2007, 05:06 AM) 
I would say that it is time to call USCIS, an attorney and try to follow a fraud report with the local sheriff's office. Most Sheriff's offices ahve fraud units. If you step forward first, she would have the burden of proving otherwise. Guess it would come down to how underhanded is she. I would make sure that you are documenting everything. Times of conversations, in person or phone, brief summary of conversation... Documentation is key and you don't want to give her any room to make things worse for you. Sorry to hear you are in this situation.
I guess you already knew what to do before coming here, it's blatantly fraud and you need to sort it out before it goes any further. You are the USC and she needs to be scared but then I wonder why she has so much guts to even think you should be the vulnerable one? Anything you not letting out? Well I know someone who just called USCIS and they withdrew the case immediately. She will then be declared an illegal immigrant...too much to say but then sort it out and don't let her make u think u gullible.
Cheers mate!
let her forge her papers with ur name...that would be another strike against her. make sure when u call immigration u let them know that is her plan.
QUOTE(patiently_waiting @ Mar 24 2007, 11:06 PM)
I would say that it is time to call USCIS, an attorney and try to follow a fraud report with the local sheriff's office. Most Sheriff's offices ahve fraud units. If you step forward first, she would have the burden of proving otherwise. Guess it would come down to how underhanded is she. I would make sure that you are documenting everything. Times of conversations, in person or phone, brief summary of conversation... Documentation is key and you don't want to give her any room to make things worse for you. Sorry to hear you are in this situation.
Dont bother with an immigration attorney. You dont need one....she needs one!! Save your money.
Dont bother calling the locals Sheriff's Office as she has broken NO law against the people of the State Of Washington. and they will do nothing. They will refer you to the proper authorities (ICE). ICE will do nothing as they have bigger fish to fry. Make a written report to the Fraud Unit of USCIS. They will keep it and it will come up if she should try to adjust status. At that time they may take her into custody and put her into Removal if there is sufficient evidence.
What you need is a family lawyer and get this thing annulled or get a divorce. You will need to know where she is in order to get her served.
How could she possibly blackmail you???
Let her try to take care of her own problem.
QUOTE(LookingForAnswers @ Mar 24 2007, 05:49 PM)
Oh, I did forget one thing. I had a private detective follow her around a little and I have pictures of her with some other guy. Not sure if I should submit them with a letter requesting the petition be withdrawn or what. I've been told the best first step is to have the marriage declared invalid, which is the case since it was never consummated.
Sounds like the right thing to do. If you didn't consummate the marriage you can have it annulled.
QUOTE(jasman0717 @ Mar 26 2007, 02:19 PM)
QUOTE(LookingForAnswers @ Mar 24 2007, 05:49 PM)
Oh, I did forget one thing. I had a private detective follow her around a little and I have pictures of her with some other guy. Not sure if I should submit them with a letter requesting the petition be withdrawn or what. I've been told the best first step is to have the marriage declared invalid, which is the case since it was never consummated.
Sounds like the right thing to do. If you didn't consummate the marriage you can have it annulled.
In my opinion, with all that has occured, it would appear he could file for annulment on the basis of fraudulent inducement into marriage and the fact that the marriage was never consummated, nor would he wish to either if this is her MO) makes perfect sense to me.
She can't blackmail you, unless she has something on you. Just contact USCIS, let them know about the fraud, and get an attorney to get your marriage annuled or a divorce.
she clearly thinks you are a gullible idiot who will do anything she wants. Time to get smart, and get the little trollop out of your life. Just call USCIS and tell them the whole story. It is their problem then and she is the one who has to keep on running and won't be able to live or work here legally. I am sure this is all very distressing but she was stupid enough to play her cards very early on so you have to be thankful for that. She clearly isnt very bright.
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