nightmare k1 marriage

[Boiler 43,787]

If the marriage is annuled (instead of divorced), does that remove her basis for a VAWA claim?

If so, then I think the time and effort to pursue an anunlment would be worth the potential peace of mind.

Annulments are by no means as easy to get, you see them mentioned a lot but is pretty rare to get one. Not sure you have a case. Depends a lot on where you are and the State rule.

This is really something you need to be discussing wih a lawyer asap.

Too many similar cases on here where people have been shafted big time, you need to act NOW

[Merrytooth 5,748]

OP is like a frog in boiling water, waiting and waiting... for miracle.

[novedsac 355]

It does if he is the solely owner, that is why I've asked who owns it (meaning who is in the title). Wife is different, a spouse has rights, a brother or other relative of spouse has none when it comes to residency at someone's else home. Less if the person becomes threatening, as it has bee posted.

This varies greatly be local ordinance and state law.

When I was in graduate school, in New England, I had purchased a home and rented out three bedrooms. After I had the home paid off, I asked the tenants to leave so I could renovate and sell. One tenant refused ... just told me 'no' and stopped paying rent. The police told me that since he lived there (obvious from personal belongings in the bedroom and being in possession of a key), then needed an eviction order from the Court. This meant a two month process with appearances in the Court. Eventually the police came and physically removed him from the premises. Turning off the water and heat and essentially making the place unpleasant didn't seem to bother the deadbeat.

An unwanted guest and an unwanted resident are two different things.

Would highly recommend a temporary protective order first and then follow it through to make it permanent.

[elmcitymaven 9,711]

Annulments are by no means as easy to get, you see them mentioned a lot but is pretty rare to get one. Not sure you have a case. Depends a lot on where you are and the State rule.

This is really something you need to be discussing wih a lawyer asap.

Too many similar cases on here where people have been shafted big time, you need to act NOW

Thank you for repeating this, Boiler. Annulments are bandied about as if they are easy to get and in California they are not. The barrier to proving fraud is quite high, and unless you have a good lawyer and a strong case, it's a waste of time and money. The CA Superior Courts' website even warns those seeking an annulment that a divorce is going to be more appropriate in the great majority of cases, and if one is sought, it's not a DIY matter.

At this point, a great attorney is a must, given how nuts everything is in this situation.

[novedsac 355]

Annulments are by no means as easy to get, you see them mentioned a lot but is pretty rare to get one. Not sure you have a case. Depends a lot on where you are and the State rule.

This is really something you need to be discussing wih a lawyer asap.

Too many similar cases on here where people have been shafted big time, you need to act NOW

Yes, I understand all that.

But my question was if an annulment would remove the basis of a VAWA claim for the immigrant spouse?

This should be independent of state law.

[kuk 2]

I dunno if it is possible to make her evicted from USA , along with everyone , she lied from the begining , child and one day she might come up with her ex hubby . Just stay cool buddy abd keep your head clean talk to any family lawyer of possible or friend b4 actually taking any action , she needs to get back to home send her back . She is pure liar. Forget about past ,I know it's hard but buddy your life is at stake take correct measures .btw would let us know what country is she from . Let ppl know . God bless you buddy and hope that you can have your own satisfaction one day but not she .

[Daydreaming 0]

I am so sorry you are going through this. Whatever you decide to do, please do it ASAP. I think the law will take its time before they are completely out. After someone lives in your own for a certain amount of days, its very hard to kick them out. Is this your own home or a place you're renting?

[elmcitymaven 9,711]

Yes, I understand all that.

But my question was if an annulment would remove the basis of a VAWA claim for the immigrant spouse?

This should be independent of state law.

From my understanding, a successful annulment would preclude a VAWA claim because the marriage on which the immigration benefit was based no longer exists. But there is more than being "right" -- sometimes it is just enough to be done with a situation, particularly one that is physically, emotionally and financially exhausting.

[LadyDi 3]

I am so sorry about your experience, but do not let that crazy family ruin your life. You "wife" started to lie to you from the beginning and this story with being rapped and got a kid latter easily could be a script, just to make yourself softer. She could get pregnant from her ex or whatever.

Please, listen to the people here.

They try to help you, but do not give up, you`ll find a decent woman and you`ll be happy!

Bless you!

[Yuri S 4]

You are correct. It was two weeks before she was do to come over here did she tell me that. I keep kick myself and trust me I have split enough hairs trying to figure it out. Doing my math I was visiting her in her native county about every 4 - 6 weeks. And she did NOT look pregnant at all. but I did not see her in her later stages of pregnancy. I guestimate that she was around 3 -5 months pregnant when I last saw her, till after she must have given birth. I simply could not tell.

I did meet her about 7 years ago. So I have known her quite a bit. So that is why I believed the rape story and that she did not know she was preganant for a long time. I honestly believed her story.

In a way I was fool in love. And did not want to believe that she could have maliciously lied to me.

Omg, your story sounds like a disaster! Anyway , dont worry you wont be the one going to jail but her!. I have been readin gback to back about laws around fiance visa before arriving in the US. Your marriage is a fraud. Report it to USCIS so that she wont be granted any permanent resident card. Her story does not match. Is he really her brother? You know in the first place , you should have not let him live with you and your wife. It seems like your wife is using you to have her family over here. I feel so sorry about your situation. That is extreme.

And also do not be confused. Take action and get annulment . Do not waste your time on being unhappy. thats not how life should be.

[Villanelle 4,121]

Yes, I understand all that.

But my question was if an annulment would remove the basis of a VAWA claim for the immigrant spouse?

This should be independent of state law.

From my understanding, a successful annulment would preclude a VAWA claim because the marriage on which the immigration benefit was based no longer exists. But there is more than being "right" -- sometimes it is just enough to be done with a situation, particularly one that is physically, emotionally and financially exhausting.

No. I dont know why its of such popular opinion that an annulment is the go to solution for erasing things immigration-wise. USCIS is the big elephant that never forgets anything.

There are no 'take backs' or oops can we overlook that. Everyone should know this by now. (even with the criminal check things come up that you were 'told' would never come up. They are the all powerful seeing eye.

"The VAWA self-petition enables an immigrant victim of domestic violence and/or sexual assault to obtain lawful permanent resident status without the cooperation of his or her abusive spouse, parent, or adult son or daughter. The abused immigrant spouse, child or parent must have resided with the abuser at one time to be able to file the self-petition. However, they do nothave to currently be residing with the abuser in order to file. Conversely, the VAWA self-petition was designed to not require separation. It allows the immigrant victim to confidentially file the self-petition and attain lawful permanent residency based upon the self-petition, without separating from the abuser. This promotes victim safety by allowing the victim to attain legal immigration status and then to later explore when and whether they can safely leave their abuser.

A VAWA self-petition is available to spouses, former spouses, and intended spouses of abusive U.S. citizens or lawful permanent residents. Termination of the marriage (through divorce or annulment) will not hinder an abused spouse’s ability to file a VAWA self-petition so long as the termination was related to the abuse. The self-petition, however, must be filed within two years of the termination of the marriage. Moreover, self-petitioners have up to two years to file a self-petition

(An intended spouse is someone who believed she was married but was not because of the bigamy of her abuser whom she believed to be her spouse. See INA § 101(a)(50), 8 U.S.C. §1101(a)(50).) The pink is just for the people who are like wt f intended spouse?? has nothing to do with OP situation.

[kuk 2]

I think the brother is her husband or ex .. get it done quick n be cool take help from friends kick her out . I m sorry tohear the disaster you are going through May God help you ... I pray my brother

[Gosia & Tito 199]

This varies greatly be local ordinance and state law.

When I was in graduate school, in New England, I had purchased a home and rented out three bedrooms. After I had the home paid off, I asked the tenants to leave so I could renovate and sell. One tenant refused ... just told me 'no' and stopped paying rent. The police told me that since he lived there (obvious from personal belongings in the bedroom and being in possession of a key), then needed an eviction order from the Court. This meant a two month process with appearances in the Court. Eventually the police came and physically removed him from the premises. Turning off the water and heat and essentially making the place unpleasant didn't seem to bother the deadbeat.

An unwanted guest and an unwanted resident are two different things.

Would highly recommend a temporary protective order first and then follow it through to make it permanent.

Key words: rented out and tenant....as well as what were the lease terms. You don't ask people to leave, you go by the terms of the lease

I know this, I have several houses on rental and when someone does not pay is a pain, but i know the eviction process very well -in the areas where I have the houses. Bottom line, you can't just tell a tenant to leave, that is what lease agreements are for.

Allged brother is neither (a tenant or renting out).

As far as I'm concerned, alleged brother is just one step up from squatter...and only because he claims to be the brother which is doubtful at best

[elmcitymaven 9,711]

No. I dont know why its of such popular opinion that an annulment is the go to solution for erasing things immigration-wise. USCIS is the big elephant that never forgets anything.

There are no 'take backs' or oops can we overlook that. Everyone should know this by now. (even with the criminal check things come up that you were 'told' would never come up. They are the all powerful seeing eye.

"The VAWA self-petition enables an immigrant victim of domestic violence and/or sexual assault to obtain lawful permanent resident status without the cooperation of his or her abusive spouse, parent, or adult son or daughter. The abused immigrant spouse, child or parent must have resided with the abuser at one time to be able to file the self-petition. However, they do nothave to currently be residing with the abuser in order to file. Conversely, the VAWA self-petition was designed to not require separation. It allows the immigrant victim to confidentially file the self-petition and attain lawful permanent residency based upon the self-petition, without separating from the abuser. This promotes victim safety by allowing the victim to attain legal immigration status and then to later explore when and whether they can safely leave their abuser.

A VAWA self-petition is available to spouses, former spouses, and intended spouses of abusive U.S. citizens or lawful permanent residents. Termination of the marriage (through divorce or annulment) will not hinder an abused spouse’s ability to file a VAWA self-petition so long as the termination was related to the abuse. The self-petition, however, must be filed within two years of the termination of the marriage. Moreover, self-petitioners have up to two years to file a self-petition

(An intended spouse is someone who believed she was married but was not because of the bigamy of her abuser whom she believed to be her spouse. See INA § 101(a)(50), 8 U.S.C. §1101(a)(50).) The pink is just for the people who are like wt f intended spouse?? has nothing to do with OP situation.

While I agree that people jump to annulment too quickly on VJ (a point I have made many times, including twice in this very thread), are you sure that it is still (if ever) good law that an annulment would have no effect on a VAWA petition? Your source for the above (which you did not link to) is a report available on the National Immigrant Women's Advocacy Project's website (link here: http://niwaplibrary.wcl.american.edu/immigration/introduction-to-immigration-relief-for-immigrant-victims/CH3.1%20BB%20IntroImmRelief%207.10.13.doc). Although undated, it has no references post-2008, which makes me question how up to date it is.

I hope Sandra comes along to correct me, but the way I read the USCIS's site on VAWA eligibility, it appears to be limited to situations where "your marriage to the abuser was terminated by death or a divorce (related to the abuse) within the 2 years prior to filing your petition" (emphasis added). If we give plain meaning to that statement on eligibility, it is only where there has been a divorce that a person would be eligible. There is no mention of annulment. I am no expert on immigration law, but annulment does not appear clearly to be a status upon which a VAWA petition may rest, though it does appear that the "intended spouse" situation, where an annulment was based on bigamy would permit VAWA in the circumstances (this is from a cursory reading in the INA on the definition of intended spouses). I'd think that a successful annulment that was grounded in proven fraud on the basis of marriage solely for obtaining an immigration benefit would not result in a successful VAWA petition, but again, I am no expert.

This is getting a little inside baseball here, since the dude really should be getting a divorce.

[Ilovemyman 147]

Be sure that her brother is really her brother.

I have seen many story where the woman bring her brothers to live at the house and really they arent their brothers, many times they are their lovers!!!!

If this woman hide a kid to you , maybe this man is her lover, and you are supporting them.

Open your ayes, be careful.