Marriage Annuled - Fraud. What will happen? Please help.

[Hammad Qureshi 1]

 

Got married to this girl, who came to India. Married me, left for USA, sponsored me and I came to USA, i was emotionally abused by herself and her family since the day I got married. I then left for India, i received divorce documents based on impotency i fought that case and came to USA again and been here eversince as i was not impotent and had my medical tests done,. They then changed their petition to fraud marriage at that time i could not afford a lawyer and they lied in the court and won the case, judgement says marriage is annulled based on green card fraud.

 

I have now applied for i 751 ROC based on abuse waiver and we have filed for vacating that divorce judgement now that I have a lawyer and everything. I have every proof that marriage was bonafide as we went on honeymoon to Singapore, visit different cities in the USA, have tickets, vouchers, wedding photographs, family photographs etc etc.  i have evidence of all the abuse I had to face with this terrible family. I was even stressed i started seeing psyhciatrists in India and even went to NGO in USA to fight for my case, i am still seeing doctors for my stress and take medicines daily to manage my depression which was a result of abuse I had to face. 

 

Now that I am settled in the USA and have lawyers with me, i have all the evidences (all the messages I received from my spouse, all the abuse she acknowledged too), i have all the affidavits of friends and family members, evidence of all the abuse (messages, dr reports etc).

 

Do i keep my hope alive that I can win in immigration or is it impossible? Please help.

[Boiler 43,791]

Your Lawyers have all the details, what do they say?

[Hammad Qureshi 1]

4 minutes ago, Boiler said:

Your Lawyers have all the details, what do they say?

They have been giving me hopes, but trust me I do not trust lawyers anymore. I also want to have an expert opinion of members of this forum.

[Boiler 43,791]

You will certainly get opinions, expert is another matter.

[Waittrain 17]

10 minutes ago, Hammad Qureshi said:

They have been giving me hopes, but trust me I do not trust lawyers anymore. I also want to have an expert opinion of members of this forum.

Given your marriage was annulled that too because of GC fraud. Your chances are very slim.

 

Just my opinion. 

 

Another strategy atty will use is, just apply only abuse waiver without mentioning Divorce/ without sending divorce decree etc.

 

All the best. 

[ApplyingforN400 126]

1 hour ago, Waittrain said:

Given your marriage was annulled that too because of GC fraud. Your chances are very slim.

 

Just my opinion. 

 

Another strategy atty will use is, just apply only abuse waiver without mentioning Divorce/ without sending divorce decree etc.

 

All the best. 

Without mentioning divorce?? What kind of advice is this? Have you ever see a form that didnt have divorce date?

 

Ok, so if USCIS during the interview dont buy the whole abuse thing and reject you, they will have to gather evidence of fraud to show to the judge, this is USUALLY very hard to do, but you have paved the easiest way for the system to get you. Now that a judge has found you guilty of fraud in divorce court, USCIS and immigration judge CAN and WILL use what the other judge found with a lot of weight against you. 

 

But you MIGHT have a way out if I understand that they used the judgment against you because you were in depression, didnt have a lawyer and basically lost by not being there or not providing anything to counter the claim they made.

 

If that is the case, you now have a huge chance to provide all evidence you have to immigration court, maybe even USCIS will be satiafied with them at the interview. 

 

Good luck.  

[Hammad Qureshi 1]

7 hours ago, ApplyingforN400 said:

Without mentioning divorce?? What kind of advice is this? Have you ever see a form that didnt have divorce date?

 

Ok, so if USCIS during the interview dont buy the whole abuse thing and reject you, they will have to gather evidence of fraud to show to the judge, this is USUALLY very hard to do, but you have paved the easiest way for the system to get you. Now that a judge has found you guilty of fraud in divorce court, USCIS and immigration judge CAN and WILL use what the other judge found with a lot of weight against you. 

 

But you MIGHT have a way out if I understand that they used the judgment against you because you were in depression, didnt have a lawyer and basically lost by not being there or not providing anything to counter the claim they made.

 

If that is the case, you now have a huge chance to provide all evidence you have to immigration court, maybe even USCIS will be satiafied with them at the interview. 

 

Good luck.  

 

That was exactly the case, I was in the court all by myself with a lot of anxiety, depression and stress. Even judge told me go and get yourself a lawyer, but I had NO money at all to get one. Also, my ex changed her petition from impotency to fraud once my potency was proved by a medical test asked by her lawyer. 

 

I have more than many evidences to prove that it was a bona-fide marriage, each and every text message before separation and messages after separation where she herself acknowledged the emotional and verbal abuse. 

 

I am still in a lot of anxiety and depression with whatever is going on with me. Provided whatever I told is there any chance of getting my I-751 approved?

 

 

 

[Hammad Qureshi 1]

Anyone here?

[mindthegap 2,550]

1 hour ago, Hammad Qureshi said:

 

That was exactly the case, I was in the court all by myself with a lot of anxiety, depression and stress. Even judge told me go and get yourself a lawyer, but I had NO money at all to get one.

I am not going to sugar coat it. That decision may well have cost you your permanent resident status and you have an uphill battle ahead of you.

IMHO it was utter stupidity to not beg borrow or steal to get the money for a lawyer in such circumstances - it isn't as if you didn't know what what was being alleged against you or the very real potential consequences thereof.

 

An annulment is bad enough for you - an annulment specifically citing green card fraud is really bad for you and a massive hurdle to overcome.

When the I-751 adjudicator sees it isn't a divorce but an annulment, and then sees the reason why....well... expect a date with an immigration judge.

 

The people have to prove that you have circumvented immigration law, or committed fraud - guess what, they have proof beyond a reasonable doubt in the form of the annulment and reasoning by that judge . Getting that judgement vacated as well before fighting it in immigration court? I wish you luck as you are certainly going to need it.

 

The good thing is that your status as lawful permanent resident remains until a final order of removal by an immigration judge (yes, even if you receive a denial letter).

 

 

 

Edited April 24, 2018 by mindthegap

[Boiler 43,791]

An annulment seems extremely unlikely.

 

All the legal resources seem to be on the other side, plus the time that has passed, child etc etc.

[Hammad Qureshi 1]

20 minutes ago, mindthegap said:

I am not going to sugar coat it. That decision may well have cost you your permanent resident status and you have an uphill battle ahead of you.

IMHO it was utter stupidity to not beg borrow or steal to get the money for a lawyer in such circumstances - it isn't as if you didn't know what what was being alleged against you or the very real potential consequences thereof.

 

An annulment is bad enough for you - an annulment specifically citing green card fraud is really bad for you and a massive hurdle to overcome.

When the I-751 adjudicator sees it isn't a divorce but an annulment, and then sees the reason why....well... expect a date with an immigration judge.

 

The people have to prove that you have circumvented immigration law, or committed fraud - guess what, they have proof beyond a reasonable doubt in the form of the annulment and reasoning by that judge . Getting that judgement vacated as well before fighting it in immigration court? I wish you luck as you are certainly going to need it.

 

The good thing is that your status as lawful permanent resident remains until a final order of removal by an immigration judge (yes, even if you receive a denial letter).

 

 

 

Thank you for a detailed response!

 

All that evidences that I have won't come any good during the process? 

[Going through 5,668]

51 minutes ago, Hammad Qureshi said:

Thank you for a detailed response!

 

All that evidences that I have won't come any good during the process? 

You are fighting an uphill battle, as they say.

The fact that a previous judge already found you guilty of marriage fraud does not bode well for your chances a second time around.

[Hammad Qureshi 1]

12 minutes ago, Going through said:

You are fighting an uphill battle, as they say.

The fact that a previous judge already found you guilty of marriage fraud does not bode well for your chances a second time around.

But not impossible, right? I am trying my level best with lawyers in gathering all the evidences.

[geowrian 22,336]

Not impossible and you would not be the first. However, as stated, there's a lot going against you.

[Hammad Qureshi 1]

3 minutes ago, geowrian said:

Not impossible and you would not be the first. However, as stated, there's a lot going against you.

I totally understand that. I guess i need a lot of good luck and prayers!

 

I request you all to please keep me in your prayers, its been the toughest last 3 years of my life. Specially the marriage part.