Annulement or Divorce - Possible Fraud

[NewBeginnings1 10]

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 July 7, 2015 by NewBeginnings1

[Boiler 43,433]

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 July 7, 2015 by Boiler

[NancyNguyen 1,657]

Fraud with expectation of twin babies? It seems you got married to a guy, who screws around and has babies.

[Jawaree 717]

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

[VOL 425]

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.

[Transborderwife 4,666]

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 July 8, 2015 by Transborderwife

[Darnell 8,478]

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.

[JayJayH 546]

Agree with Darnell.

You can present a fraud casefile, and they may or may not look at it before ROC. However, when he does file for ROC later on (and he'll have to), you can be sure it will at least be looked at. Whether he committed fraud or not in the eyes of immigration will be up to a USCIS adjudicator and not you however.

They could come to two conclusions:

1. He married you for the sole purpose of immigrating to the US - ROC denied and his status terminated.
2. He married you, and though he was a cheating #######, it was not solely for immigration purposes - ROC approved.

An affair is a red flag on his part, but not by itself illegal. Affairs do happen in a lot of non-fraudulent marriages. Of course, the more you present to the USCIS, the more difficult it will be for him to ROC. Having him detained and deported before ROC is a long shot, unless you have fraud-specific, damning evidence. Like written statements or e-mails from him to someone stating he was just using you.

For ROC to be approved, the burden of proof is on him to show it was a bona fide marriage. A denied ROC is not necessarily a fraud allegation, just lack of evidence that the marriage was legit.
For an actual fraud allegation to stick, the burden of proof is on you/USCIS.

Edited July 8, 2015 by JayJayH

[Ebunoluwa 6,136]

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.

[CowBoE 429]

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

[Jawaree 717]

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

[Ontarkie 13,915]

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.

[LoveWarrior 7]

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!

[Ortolan 381]

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.

[Toy 18]

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.