Fraudulent Marriage?

[chulitos 0]

Hi Everyone,

I am not sure if I am posting in the right place, I am new to this, but I would appreciate any advice.  I will try to keep it short!

I married my husband on a K1 Visa.  

We met in the Dominican Republic Jan. 2014.  Applied for the K1 March 2015. He entered the country Feb. 2016 and we got married in May 2016.  In October 2016 he received his Conditional Residence card.

The marriage had it's ups and downs, mostly downs, due to the lifestyle he wanted to continue to live here -- constantly going out and partying.  I have a voice message from him 2 weeks after we got married saying he wants a divorce due to a disagreement we had.  He left to go live with his cousin 2 times throughout the summer and would say he wanted time and space from me.  In October we got our own apartment together, we were previously living in my parent's house.  In November I found risque photos/videos of him on his phone and a bunch of selfies of a girl.  I accused him of being unfaithful.  Again we got over this, then in January he told me he was going to DR for 15 days.  I was explaining to him I can't leave for for 15 days (not to mention how he would or how we would support ourselves since if he doesn't work he doesn't get paid) and trying to compromise about if we could go 5 days now and for the whole summer if he wanted (since I am a teacher and will be off).  He was immediately angry and said he was going for the 15 days and that was it.  I could go but after 5 days I can come back and he was going to stay.  I was still trying to compromise and explaining we never went on a honeymoon and it would be nice if we could go away together.  He again told me he wanted a divorce.  He then did not speak to me for 2 weeks and one night when I got home from night class he left and note and he was gone.  Looking back, he would look for any little thing to turn it into something - I feel like he was always looking for a way out.  

 

Is there anyways to get the marriage annulled? What types of documents do I need to prove fraud?

Given his actions I do not believe he entered the marriage in good faith.  He would continuously tell me he didn't want to "miss out on his youth" instead of being responsible and acting like a husband should. 

Is it possible to make sure he doesn't get the conditions removed on his 2 year card?  I feel very taken advantage of.  Any other recommendations? 

 

Thanks!

[nightingalejules 678]

I agree he doesn't sound like he's being a good husband to you, and you must feel angry, hurt, and betrayed. However, a failing marriage in itself doesn't necessarily equal visa fraud. Sometimes people get sort of caught up in the romance and adventure of a new relationship and they move to fast, only to wind up feeling trapped. It sounds like this might have happened to him. Nothing you've said cpearly points to the conclusion that he only married you for a green card. Just that he wasn't really ready for marriage. File for divorce, he will have to remove conditions on his own with a waiver or return to the DR permanently.

[mallafri76 1,012]

Sounds like you got married too soon and without really knowing each other.

 

Depending on your state, getting an annulment may be difficult. I know you're hurting right now but the best thing might be to learn from your mistake, divorce and just move on.

[geowrian 22,337]

I don't see any cause for fraud here. There's no evidence he entered into the marriage with the only intent of obtaining a green card...the marriage just didn't work out and he was unfaithful and so on. You can try to annul, but a divorce may be a better decision. Either way, that's a decision to make with the consultation of a divorce attorney. Immigration-wise, there's nothing for you to do now and nothing you can do to have him deported. He will need to do ROC by himself, which he can do via a waiver.

[Ontarkie 14,274]

~~Moved to Effects of Major Changes, from ROC- As similar threads are discussed here.~~

[Boiler 45,657]

What evidence do you have to support an accusation of fraud?

 

Obviously you need to consult with a Divorce Lawyer, you can also discuss Annulment, seemingly a very popular option on VJ.

[Unlockable 7,315]

Try looking at it by taking immigration out of the equation. If he was from North Dokota instead of the D.R. and he did all those things, would you be claiming fraud or just a bad husband?

 

Staying out and partying too much, having pictures of other women in his phone, and not contributing to the household/ marriage is NOT immigration fraud. I have friends and family have exes who did the same things as your husband and non of them were immigrants.

 

If you would have moved to his country to be with him he likely would be still doing the same things.

[Hopeful diva 99]

Speak to a lawyer. It may be marriage fraud or simply a marriage that just fell apart due to two incompatible personalities. Seems like your husband is an extrovert and you are extremely introverted and homely or maybe he's just immature and wasn't ready for marriage. 

[sparkles_ 456]

You have no proof of fraud, you don't have any hard evidence where he states to you or anyone else that he married you ONLY for a visa.

 

What you can do, is remove him off everything as far as lease, utilities, bank, etc goes and file for divorce and leave his ROC be denied based on lack of evidence.

 

Depending on your state, it can be pretty difficult if not almost impossible to annul a marriage. I know my state for example, allows it only on 4 grounds....the spouse murders someone, they concealed something major about themselves that if had been known before the spouse wouldn't have married them, they knew they couldn't have children and lied to the spouse about it and married anyway, or they can't/won't consummate the marriage. 

Edited April 18, 2017 by sparkles_

[Ash.1101 1,756]

There's no proof of fraud.

You said two weeks after you got married in MAY 2016 that he wanted a divorce, yet you're moving into a place with him in OCT 2016, 5 months after the fact.

It sounds like ya'll just weren't compatible. Moving in with someone is usually a big change, but moving in with someone from another country, culture, and life is a whole different thing. If you knew he was someone who liked to go out and party, then it would be expected that he continued to party unless ya'll sat down and talked about how once he was here he needed to stop going out and partying.

Marriage doesn't change a person, so anything he did back in his country and still does.. Well... that's pretty normal.


You'll need to look into your states requirements for annulment but it's most likely that you'll just have to go with a divorce. Fraud is a reason to annul in NJ, but almost all annulments have a SHORT marriage, like a couple of months or a few weeks or even two days. It's possible you won't be granted one.




It doesn't sound like fraud, it just sounds like ya'll married and wanted two different things in life. He wanted to go out and party and you wanted a more stable living. It's not fraud, it's just incompatibility.

[caliliving 606]

i agree with the above.. it seems like u assumed he would come here, stop partying and be different.. obviously people dont change! i think you expected different things and im sure he expected different things.. maybe he is getting those risque photos for a reason?

i believe their are 3 sides to every story.. yours, his and the truth.

it seems like u rushed into things.. he said he wanted a divorce and u were disagreeing from day one.  perhaps you were blinded and wanted really bad to have a husband?  someone to come home to? if you dont want to work on your marriage divorce and move on.

if you want to fix the marriage it takes 2.. maybe go out, dress up, have fun.. maybe go have a little partying fun with him and see what happens!  it seems like he wants to go on his own trip bc he doesnt have fun with you.

 

even if he married you 'out of convenience' it does not constitute marriage fraud

 

[David & Diana R 1,005]

Why is it that so many people think an annulment will get their new spouse deported anyway?  See a divorce lawyer if you don't want to spend the rest of your life with him.

[bolin786 21]

Chulitos,

I feel sorry for you since I agree he was probably playing you the whole time.  Insofar as annulment, that applies I believe in a religious setting if the marriage was not consumated. You need to file for divorce.  Now I would also relay my concern with USCIS and let them know that you believe he married you for the status and let them investigate and deport him.

[Eric-Pris 1,607]

Since he has family in the US, he needed somebody to bring him here.  He has his GC and can remove conditions on his own.  If he can't he'll be back to try to reconcile.

 

Divorce and forget about him.  I would even move so he can't find you.  No need to try to get revenge on his immigration status, it will just make you stressed and you probably won't change a thing anyway.