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

[Boiler 43,791]

Just wondering why you came back, you mentioned that it got to the point that you had to go home.

[Hammad Qureshi 1]

3 minutes ago, Boiler said:

Just wondering why you came back, you mentioned that it got to the point that you had to go home.

As everyone in my social circle and family said that you have been wronged, you need to fight for your right. And then of course financial situation, when I was coming here for the first time, i resigned a well established job and could not get it back. 

 

 

[WeGuyGal 1,052]

Could you go back to that well established job in India?  Might come to that when all is said and done. 

[Hammad Qureshi 1]

2 minutes ago, WeGuyGal said:

Could you go back to that well established job in India?  Might come to that when all is said and done. 

There should not be a question mark in here!

[ApplyingforN400 126]

The biggesst important thing for you now is to “set and forget” your fight once you get a good lawyer is going to take YEARS. I suggest you do what you have to do and drop it from your mind or its going to destroy you. 

[AL-MJD 144]

I cannot provide any better or additional advice than those above me. I just want to say I hope everything settles for you. Virtual hugs.

[Hammad Qureshi 1]

2 minutes ago, ApplyingforN400 said:

The biggesst important thing for you now is to “set and forget” your fight once you get a good lawyer is going to take YEARS. I suggest you do what you have to do and drop it from your mind or its going to destroy you. 

That's what I have decided, I am glad that I got a good job here and I am surrounded by positive people around me (finally)

 

Keeping my believe and faith strong, as they say if you have done nothing wrong, everything will work right for you!

Thank you for your precious piece of advice.

2 minutes ago, AL-MJD said:

I cannot provide any better or additional advice than those above me. I just want to say I hope everything settles for you. Virtual hugs.

Really really appreciate it!  Stay blessed.

[Boiler 43,791]

I have no idea what the outcome will be, I would anticipate this will not be quick, or cheap with legal fees.

 

One major positive is that you are here, always more difficult to remove someone than get the OK to let you in.

[Hammad Qureshi 1]

36 minutes ago, Boiler said:

I have no idea what the outcome will be, I would anticipate this will not be quick, or cheap with legal fees.

 

One major positive is that you are here, always more difficult to remove someone than get the OK to let you in.

I am all for the legal fees, reason being I know I have done nothing wrong and I have been very badly wronged, emotionally and verbally abused, day in and day out which haunts me even today.

 

Let's see how it goes, i am not worried about it getting done quickly because I do not plan to go home anytime soon, so even 2 years from here I am ok, i applied for ROC back in September 2017 and received my one year extension letter.

 

Thank you for your inputs.

[praizee 10]

It is not impossible. You have evidence that they first annuled the marriage based on impotency and they later changed it. If you have strong evidence and a good set of lawyers you can win but be ready to pay a ton of money for lawyers. If i were you i'll look for a super lawyer in my area and go with them if its worth the fight but it will cost you some $$$. Also, if the marriage was annuled, then your ex wife had strong evidence to get it annuled instead of divorce. Whats the catch?

[Hammad Qureshi 1]

18 minutes ago, praizee said:

It is not impossible. You have evidence that they first annuled the marriage based on impotency and they later changed it. If you have strong evidence and a good set of lawyers you can win but be ready to pay a ton of money for lawyers. If i were you i'll look for a super lawyer in my area and go with them if its worth the fight but it will cost you some $$$. Also, if the marriage was annuled, then your ex wife had strong evidence to get it annuled instead of divorce. Whats the catch?

Thank you for your message. The reason she was able to get annulment was based lie and false witnesses by her family members. Judge was never convinced,  but she had a lawyer, her family and of course a planning, she even cried OMG. On the other hand i was sitting in the courtroom all by myself, it was in another city where I know nobody, i was stressed, nervous, anxious, weak and lonely. They made the most of it and their planned worked. I have now backed myself, investing on lawyers, gathered all the evidence i have. Time to fight for myself. I wish i had money to afford a lawyer back then.

[praizee 10]

2 minutes ago, Hammad Qureshi said:

Thank you for your message. The reason she was able to get annulment was based lie and false witnesses by her family members. Judge was never convinced,  but she had a lawyer, her family and of course a planning, she even cried OMG. On the other hand i was sitting in the courtroom all by myself, it was in another city where I know nobody, i was stressed, nervous, anxious, weak and lonely. They made the most of it and their planned worked. I have now backed myself, investing on lawyers, gathered all the evidence i have. Time to fight for myself. I wish i had money to afford a lawyer back then.

Yes, that was a wrong move going alone. Anyway, now just make sure you have a good lawyer and not just someone conning you for your money.  A competent lawyer is key to fight USCIS

[Villanelle 4,121]

I dont know how much I can add to this. You shouldve just let the divorce go through based on impotence. That wouldnt have had any immigration consequences. But it is what it is. Now you have an annulment based on fraud. That does have immigration consequences. Your attny should have advised you that an annulment based on fraud means the service center will assume fraud (which is a denial) and you have to prove it wasnt. You also added abuse filing which means you have to prove it wasnt fraud + abuse to get approved. This is going to be very hard if not impossible. What kind of evidence do you have that it wasnt fraud? Did you send it in or are they waiting until its denied to show it in court? What evidence do you have of the abuse?

 

Have you considered or discussed with the attny using the hardship waiver? That doesnt require bonafide marriage proof but it does require an extreme hardship which I dont know if you have or not. 

[Hammad Qureshi 1]

On 5/25/2018 at 10:58 AM, Damara said:

I dont know how much I can add to this. You shouldve just let the divorce go through based on impotence. That wouldnt have had any immigration consequences. But it is what it is. Now you have an annulment based on fraud. That does have immigration consequences. Your attny should have advised you that an annulment based on fraud means the service center will assume fraud (which is a denial) and you have to prove it wasnt. You also added abuse filing which means you have to prove it wasnt fraud + abuse to get approved. This is going to be very hard if not impossible. What kind of evidence do you have that it wasnt fraud? Did you send it in or are they waiting until its denied to show it in court? What evidence do you have of the abuse?

 

Have you considered or discussed with the attny using the hardship waiver? That doesnt require bonafide marriage proof but it does require an extreme hardship which I dont know if you have or not. 

Thank you so much for your response!

 

The reason I moved with impotency was she was still seeking an annulment (Do not you think USCIS will consider this in my favor that they changed their petition from impotency to fraud after my potency was proved?).

 

Also, I have strong evidence that it was not fraud:

1-      Messages after separation (as I was thrown out of their house by herself and her family).

2-      Proposal messages for marriage from her family (as they approached me).

3-      Our wedding ceremony pictures, our reception ceremony pictures.

4-      Honeymoon evidences, we travelled to Malaysia from India (she came to India again after marriage).

5-      We travelled in the USA to different cities.

6-      Marriage certificates.

7-      Messages before marriage and after marriage.

8-      1000s of family photos and videos.

9-  Stayed in a 5 star hotel after wedding for one week.

 

Evidence of abuse:

1-      They forced me to leave my family, I was verbally abused by her family and her family, mentally abused by her.

2-      Her parents would argue with me and bully me and she would only enjoy watching that.

3-      Messages from her where she acknowledged the abuse and was sorry about that (messages after separation).

4-      Messages to her where I was begging her to be with me after I was kicked out from her house).

5-      Letters from NGO.

6-      Letters from Psychiatrist.

7-      Affidavit from friends and family.

8-      Messages from her clearly stating that “EITHER YOUR MOM & DAD OUR OUR MARRIAGE, CHOICE IS YOURS.”

USCIS have all documents except for affidavits and annulment decree, also we have started a motion to vacate the annulment decree, which we can submit to USCIS after they ask for RFE?

 

Please advice. Thanks a lot.

[Villanelle 4,121]

The most important thing you have to remember is when there is an annulment based in fraud- USCIS will assume fraud and its up to you to prove it wasnt. In some processes the burden is on you, in some its on them. In this case the burden is on you. So you have to take it on as they think you are guilty already and you have to prove you are not.

 

What does your attny say? What kind of strategy do they have? 

 

I can see an attny making a case that its not fraud because she didnt initially file under fraud. Ive seen that argument made before but it was not successful for any of them. Perhaps it will work for you.

 

As for the items you listed I dont see how any of them prove it wasnt fraud. Do you have any proof of financial comingling? Have you written a statement of the relationship for your attny? How it started and evolved and ultimately ended?

 

For abuse- abuse from family members doesnt count. Have you talked with your attny about this? This is something basic that they should know. If they havent said anything about that it may be time to find a new attny who is better versed in immigration matters like this.

 

Who did you file the motion with to vacate the annulment? the local court? Does your attny think it will be successful?

 

what NGO group gave you a letter and why?