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NewBeginnings1

Annulement or Divorce - Possible Fraud

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So to make a long story short my husband immigrated on a K1, we married, and filed AOS. He has his green card. Well pretty much two months after we married, I discovered he had had a three week old baby, which was right after filing AOS. Shortly after fling AOS he and I learned we were expecting a set of twins.

Over the last year and half it has been a symphony of lies and deceit. Turns out the woman who had this child was a LDR girlfriend he had through out the course of our entire relationship. She knew about me shortly after I discovered he and she had a three week old baby. I constantly would contact her to try to get a clear answer if they were in fact in a relationship or this was just a one time thing and their communication was solely about this kid. She always denied it stating they only talked about the kid.

Well turns out they were and have been in a relationship. The cruel part is she is not from his home country and told me he only is with me for immigration purposes. She is Canadian, I am USC, and he is Jamaican. She and he constantly would lie saying it was always about the baby. Until, about a month ago I found an old cell phone and saw how they have been exchanging with "i love u's" and even sexting. The crazy part is he says i pushed him emotionally towards her because I never would trust him and constantly questioned him. But since discovering he lied about this kid, he constantly lied about their situation and she would constantly deny there were in one. He goes monthly to see this kid in Canada, and just about a month ago finally admitted to having sex with her.He admitted it because I finally got fed up and emailed her parents her sexting photo and told them the truth about my husband. That he was married, entered the US on a K1 visa, and we have a set of twin who are 9 months younger than their grand-daughter. I told them their daughter knew pretty much a month after their granddaughter was born.

I would like to know, first if I file for annulement based on the fact he married me under fraud, will he still be allowed to ROC without me writing to the Fraud Department with immigration? ( i have pictures from facebook where she postedof them a month after his k1 visa interview in kingston - a month after I left, 10 days after we married, he commented on a picture with her prego belly saying he loved his girls, and copies of texts messages with the I love u's exchanged). I really do not see the need to attend his ROC or have anything to do with it.

Second question, If I did write the Fraud department and submitted all this evidence, could he just file for a waiver because we have kids? If so, would he just be granted a forever conditional green card?

In my state you can file for annulement under fraud. If denied, I could file for divorce under cruelty and fraud. I also was told by an attorney familiar with immigration fraud who said I could sue him civally as well for damages. My hang up is our twins. He is still their father. Its just hard to tell if he got his ROC would he bail on them an then I'm am out of options. I am afraid he gets his GC, then ROCs and bails on us and moves to Canada or immigrates dear ole Canada.

Also, is there any retribution to get from her. I mean in my eyes I see she has been carrying on with him believing he is only with me for immigration. So could she be charged with consipiracy to commit Fraud, even though she is from Canada? I do have a copy of text where she said he was only with me for immigration.

Help?

Edited by NewBeginnings1

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Annulment is a common subject here and most times it is not possible, but something you need to discuss with your divorce lawyer.

I see a bad relationship but fraud would be very hard to prove and seemingly USCIS are unlikely to be that interested.

Strongly suggest you do whatever you need to do to protect your situation and let him sort out his immigration issues.

Edited by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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You married a CAD, no immigration fraud will be easy to prove with twins & the

baby mama a LPR...he married you...File for a divorce & move on , allow a relationship

between twins and dad..get child support,.it hurts now but in a while you'll be glad you

did. he wont change

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He will probably go to Canada or back to Jamaica and you will not be able to get child support. So be aware of that.

I don't see fraud, but I am not a Divorce Attorney either, But I would get legal advice

Sound like where you are heading is divorce and no child support.

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I'm sorry but suing her is beyond ludicrous. She has a baby with him. That's not a reason to drag her into it. And dragging her parents? She's an adult, not their business. Your beef is with him, not her. I don't see fraud, I see a man who cannot be faithful. I really doubt that USCIS would accept her text a saying he's only with you for immigration benefits as a form of fraud. Anybody could have sent that text in their eyes.

Honestly, I get that you've been scorned. Worry about your children, not fraud. Get a divorce, set up his visitation and child support and move on. Revenge is not the most important thing here, those children are.

He will probably go to Canada or back to Jamaica and you will not be able to get child support. So be aware of that.

I don't see fraud, but I am not a Divorce Attorney either, But I would get legal advice

Sound like where you are heading is divorce and no child support.

Wrong. The USA and Canada have a reciprocity agreement that child support orders can be enforced locally.

http://www.justice.gc.ca/eng/fl-df/enforce-execution/enforce-execut.html

http://www.acf.hhs.gov/programs/css/international

Edited by Transborderwife

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if annulment is available in your state, then i suggest you chase it.

'to stop his immigration' stuff is a long road:

1. there is a tickbox on the ROC application indicating divorce. still on him to provide evidence on a bonafide marriage, covering a lot of financial comingling evidence.

2. if you presented a fraud casefile to a FDNS office at a local USCIS office, it's difficult to know when action will occur. might be one of the following:

__a. note made to be held for deportation - any immigration control point will detain him.

__b. note added to A-File stating the beneficiary exhibited extreme fraud and has no basis for removal of conditions. If/when he submits a ROC case, it will get denied during adjudication, as an adjudicator will read the A-File and the note in it.

use the advanced search tool here - i've written up a bit on how to get stuff into an FDNS officer.

search terms: 'FDNS'

Member Name: 'Darnell'

and yes, best done from a PC.


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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Consult your lawyer about the annulment.

You have already submitted the evidence so it's up to USCIS what they will do with it.

No one can foresee what USCIS will or will not do and that is out of your hands now.

No, you shouldn't sue her.

Set up child support arrangements.

Move on and forget about him.

Not sure what you mean by "...I am afraid he will bail on us if he gets a GC or ROC's and goes to Canada"

Why do you care where he goes ? He bailed on you a long time ago and why would you want to keep drama near you ?

He already 'bailed' out of your relationship that was build on deceit and if he goes to Canada to be with his other fling then good riddance.


Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

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Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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Sorry to hear the story.

The best revenge you can get out of this guy is to

1) divorce him ASAP

2) let him figure out his own destiny on immigration situation without you

3) ideally, he gets to settle somewhere where he can best his earnings

so that he can pay a big chunk for the child support


10-04-2013 We met online
11-21-2013 We met in person in Shanghai for 2 weeks

12-13-2013 I-129F packet sent via express

12-19-2013 USCIS NOA #1 (text and email) received

12-24-2013 USCIS assigns Alien Registration Number
12-31-2013 USCIS NOA #1 hard copy received
06-02-2014 USCIS web site shows NOA #2 approval
06-06-2014 USCIS web site shows case sent to NVC

06-xx-2014 Fiancee acquired birth, marriage, and police certificates from local police station (wrong)

06-16-2014 NVC creates case with GUZ### number

06-19-2014 NVC sends case sent to Guangzhou, China
06-24-2014 Received packet 3 express mail from embassy
06-25-2014 Completed DS-160 and paid K1 visa fee

06-26-2014 Mailed packet 3 response back to Embassy

06-26-2014 Requested police certificate from Russian embassy

07-08-2014 Received packet 4 email from Embassy

07-17-2014 Picked up Russian police certificate

07-25-2014 Fiancee medical exam (received MMR & Varicella, but they missed required TD shot)

07-31-2014 Picked up medical exam reports

08-01-2014 Request (correct) birth, marriage, and police certificates from Notarial Service (GongZhengChu)

08-06-2014 Picked up birth, marriage, and police certificates from Notarial Service

08-14-2014 Passed Interview Guangzhou embassy

09-01-2014 Received passport, visa, & sealed envelope

09-13-2014 POE

09-17-2014 Went to CBP office to get (US entry) I-94 updated correctly

09-18-2014 Applied for Social Security Card
09-19-2014 Applied for Marriage License (via online)
09-25-2014 Received Social Security Card
09-30-2014 Picked up Marriage License
10-09-2014 Marriage by Justice of Peace
10-09-2014 Got Certified Marriage Certificate Copies
10-17-2014 Received a letter from SS office that they need the marriage license
10-09-2014 Applied to change the social security card name
10-24-2014 Went back to SS office to provide the marriage certificate documents again!!!
12-09-2014 Submitted AOS, EAD, and AP
12-16-2014 Received 16 emails and 16 text NOA messages
01-05-2015 Received Biometrics appointment letter for (01-12-2015)
01-12-2015 Had Biometrics (fingerprint & picture) - Required Marriage Certificate!!!
02-17-2015 EAD and AP is approved
02-23-2015 Received AP is approval letter
02-25-2015 Received EAD/AP combo card (expires 02/16/2016)
02-27-2015 Applied for SS card name change (they took her SS card)
02-27-2015 Driver's learner permit test was denied since the SS card was given to SS office for name change
03-17-2015 Received SS card with married name
03-17-2015 Started to change all her accounts to married name
03-23-2015 Received potential interview waiver letter
03-27-2015 DMV rejects learner's permit due to "legal status=pending" and vision test failure
04-05-2015 Vision test for learner's permit
04-06-2015 DPS sent us letter that DHS cleared my wife's status to acquire driver's license.
04-10-2015 Passed Driver Learner's Permit
04-22-2015 Received Driver Learner's Permit ID card (expires 02/16/2016)
08-27-2015 Green Card approved
08-31-2015 Received Green Card "Welcome Notice Was Mailed" letter
09-05-2015 Received Green card
10-26-2015 Passed Driver's License Road Test (on 3rd attempt)
11-03-2015 Received Driver's License (expires 02/16/2022)
11-06-2015 Applied to remove conditional work remark on SS card
11-23-2015 Received updated Social Security Card.
- - - - - - - - - - Pending Future Processing - - - - - - - - - -
05-27-2017 File 10 Year Green Card
08-27-2017 2 Year Green Card Expires
05-27-2018 File USC

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OK peeps...OP stated baby mama is a LPR wont that help tp prove

OK he marry her although in both relationship, he could have marry

baby mama unless she was already married.

OP if he moves back to Jamaica you can collect child support through

Ministry of Foreign affairs via Jamaican consulate. If he still lives in the

home and you see him with a NIS card & TRN card write off those #s

and keep, hardly think he'll return to Jamaica though

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OK peeps...OP stated baby mama is a LPR wont that help tp prove

OK he marry her although in both relationship, he could have marry

baby mama unless she was already married.

OP if he moves back to Jamaica you can collect child support through

Ministry of Foreign affairs via Jamaican consulate. If he still lives in the

home and you see him with a NIS card & TRN card write off those #s

and keep, hardly think he'll return to Jamaica though

The other women lives in Canada, she is not in the US so no she is not an LPR.


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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I would say don't sue him on the grand of fraud on immigration but sue him on divorce on the ground of adultery and have 100% child custody. This might give you the divorce and then again with the divorce you can setup visitation and child support from him. Enjoy the money, spend for your children, don't revenge since negativity cannot bring you happiness. Find another man who can support you emotionally and be your partner forever.. Cheater is a cheater no matter what you do! He/She will change clothes but not that behavior!


Nothing I say should in any way be construed as a breach of VJ TOS. http://www.visajourn...m/content/terms

All my comments regarding any visa's or routes to obtaining one are subject to their individual terms and conditions, the full extent of which can not possibly be fully detailed in any reply on a forum such as this.

In particular but not limited to condone or instruct, either directly or indirectly, how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.

If you read it that way please re read what I wrote, not what you think I wrote. Or what somebody could misconstrue that I wrote.

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Honestly, so sorry this has happened to you. Sounds like you married a real player, and likely this won't be his last 3 babies.

Forget this toad and divorce; let him sort out his own immigration from this point on.

Forget about revenge/punitive on the baby mamma and move on with your life. The sooner you do, the sooner you'll feel better. Karma will out.


"Wherever you go, you take yourself with you." --Neil Gaiman

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He will probably go to Canada or back to Jamaica and you will not be able to get child support. So be aware of that.

I don't see fraud, but I am not a Divorce Attorney either, But I would get legal advice

Sound like where you are heading is divorce and no child support.

I also think he is not in the marriage because of GC because he can also apply for that in canada.

He is a player and cannot stay off women.

Child support is all you get after divorce and if he is deported i doubt if you can get it.

Don't allow the lady in canada and her child be the only one to enjoy husband/father unless you want to become a single mother with 2kid's.


06/24/2015 - Package received
06/29/2015 - fingerprint fee accepted.
06/30/2015 - Received text & e-confirmation of NOA. Case received & routed to USCIS National Benefits Center
07/06/2015 - NOA1 received.

07/13/2015 - Biometric letter arrived mail box. Date 07/24/2015

07/24/2015 - Biometric done. One month mark

08/29/2015 - EAD approved

09/03/2015 - EAD card mailed

09/04/2015 - EAD approval mail in mail box

09/08/2015 - EAD card received.

09/09/2015 - Applied for SSN.

09/15/2015 - Got my SSN in the mail

04/14/2015 - Update online: Your interview has been scheduled for 05/19

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