My wife served me anullment

[darkchile 11]

This is a very sticky situation...i would say get a lawyer also.

[Mark1985 0]

I talked to immigration lawyer  and he told me it's better to get divorce  ... and he want to charge me 5k for taking care of  i751  . Do I need immigration  lawyer  or I can do it by myself? 

[Villanelle 4,121]

On 5/21/2018 at 12:27 PM, Mollie09 said:

Standards for annulment based on fraud are not federal, immigration is.

If a court grants her an annulment based on fraud he will be denied his ROC. 

 

Do you have links to cases where an annulment was granted based on fraud and it made no negative impact on ROC? Or BIA decisions where an annulment was granted due to fraud but the immigration court ruled there was no fraud and no impact?

[Villanelle 4,121]

4 hours ago, Mark1985 said:

I talked to immigration lawyer  and he told me it's better to get divorce  ... and he want to charge me 5k for taking care of  i751  . Do I need immigration  lawyer  or I can do it by myself? 

Yes it is better to get divorced. However its not entirely up to you. If annulment papers were filed you have to respond to them. 

 

You probably wont need an attny to file for ROC unless an issue comes up. 

[Mollie09 1,543]

14 hours ago, Damara said:

If a court grants her an annulment based on fraud he will be denied his ROC. 

 

Do you have links to cases where an annulment was granted based on fraud and it made no negative impact on ROC? Or BIA decisions where an annulment was granted due to fraud but the immigration court ruled there was no fraud and no impact?

It's hard to prove a negative. Do you have links to cases where ROC was denied solely because of annulment based on fraud? Or any documentation that says that would happen?

Edited May 23, 2018 by Mollie09

[Villanelle 4,121]

Under section 241(c)(1) of the present Act, a judicial annulment or divorce within two years after entry on documents based on marriage within the prior two years creates merely a rebuttable presumption of fraud, which leaves the way open for the alien to show that the marriage was not in fact "contracted for the purpose of evading any  provisions of the immigration laws."  However a finding of fraud in the annulment will be impossible to overcome. If I have time later Ill post some BIA decisions where they were unable to overcome the finding of fraud. Or use google and find them yourself/  

 

http://myattorneyusa.com/limited-avenues-of-relief-from-removal-based-on-marriage-fraud

Edited May 23, 2018 by Damara

[geowrian 22,335]

I think we are getting bogged down in technical aspects and hypotheticals.

 

To summarize:

1) An annulment with fraud is not an automatic reason for denial of ROC.

2) The reality is that an annulment with a finding of fraud is virtually impossible to overcome and show that the marriage was entered into in good faith.

 

Sound about right?

[Villanelle 4,121]

right.  

[azblk 338]

The thing being missed here is the wife is making allegations. She will need to prove those allegations with proof. The courts just wont issue an annulment because she said so. Any lawyer worth their salt would easily debunk her reasons.

[Mark1985 0]

My wife and her mother told me when I was living  with them dont talk to your friends  because we do t like to hear your native  language  and her mother stolen  money from my closet  . I asked my wife alot of time to getting  baby and she refused.  And my wife refused to make sex with me unless I bought  her diamond  ring . She was alwyes  threatened  me I'm going to divorce  you and send you back to your country  if u sent any money  to your mother .  I asked my wife alot of time to move faraway from her mother and she refused ......

I have all the evidence  of this things  that happened  to me . Text massage  and voice recording  for both of them . ...I just need to know what I have to do exactly  please . .my lawyer  told me she will turn the anullment  yo divorce  .what I have to do more ? 

[azblk 338]

On 6/5/2018 at 8:36 PM, Mark1985 said:

My wife and her mother told me when I was living  with them dont talk to your friends  because we do t like to hear your native  language  and her mother stolen  money from my closet  . I asked my wife alot of time to getting  baby and she refused.  And my wife refused to make sex with me unless I bought  her diamond  ring . She was alwyes  threatened  me I'm going to divorce  you and send you back to your country  if u sent any money  to your mother .  I asked my wife alot of time to move faraway from her mother and she refused ......

I have all the evidence  of this things  that happened  to me . Text massage  and voice recording  for both of them . ...I just need to know what I have to do exactly  please . .my lawyer  told me she will turn the anullment  yo divorce  .what I have to do more ? 

Nothing you can do at this point but wait until the divorce/annulment is completed. After the divorce is final, you will need to file i-751 with immigration with divorce waiver - remember you will still have to file i-751 within the 90 days before the expiry of your CR-1 green card even if the divorce is not final.

[Eric-Pris 1,602]

Why would you want to stay in the US now?  You said that you have everything in your country. 

[Mark1985 0]

1 hour ago, Eric-Pris said:

Why would you want to stay in the US now?  You said that you have everything in your country. 

I was have everything  in my country  .I quite  from my job I spent all my saving on the marriage  and traveling  I sold my condo in my country  .  

[NoProblem 69]

Just saying you could not have spent 100 K on this marriage.  It may be easier for you back home then live here and fight this thing. Job and condo are not that difficult to replace.  Plus you would have your family to support you back home.

[Mark1985 0]

I got lawyer to fighting  this anullment.  Now my wife asking my lawyer  to  make me sign  paper  saying that I'm not going to use the form i864 against  her or request  any financial  help from her .. and she will be able  to change it to divorce  instead  of anullment 
So what I have to do ?