Divorce/Separation - Spousal Support and Visa Fraud

[Yodrak 7]

Sansa,

You should be doing the same, yet I see no mention that you have in your posts.

Yodrak

...... Spouse had done their homework and saw a few lawyers .....

Sansa

Edited June 20, 2007 by Yodrak

[Donna A 4]

i would not admit visa fraud in any way tho. that comes with big penalties.

[archie07 0]

Hello all,

I'm in one heck of a pickle and given all the parameters of what's going on with my situation, any input would help. I'm a U.S. citizen FYI. Here's the situation: Married my spouse in Mexico late in '05. We didn't want or ask for any legal documentation for the wedding in Mexico because we thought getting here would be quicker/cheaper with the K1 instead of a K3 (per the USCIS website, it appears that the ceremony itself constitutes a marriage, ergo we got married knowingly under the wrong visa, hence why I mention visa fraud). So we got legally married in the US shortly after. Fast forward 16 months, in addition to more drama than I ever thought I'd have to deal with ranging across virtually every aspect of the relationship, the spouse refused to seek work, or contribute in any way, creating financial difficulties as well as a lot of emotional stress for myself. This was totally unanticipated because we had discussed work opportunities long before getting married. This was eventually a deal breaker for me I guess. I guess I'm trying to say that I was not looking for a homemaker and made that abundantly clear. So, after a lot of escalation, I finally filed for divorce. I promptly get hit with a summons for spousal support and based on my salary, and her perceived inability by the officer to find a decent job in spite of the fact that she almost has a master's degree, I was told that I would have to pay an amount in spousal support that would literally bankrupt me in less than 6 months. I have crushing debt from a previous business I owned and the office won't factor that debt into the support calculation, so I am actually left several hundred dollars negative per month based on her lack of income ability and lack of consideration of my debt if pay this amount of support. The spouse had gone home to Mexico and only flew up for the hearing and then flew back again immediately after. Spouse had done their homework and saw a few lawyers that said that since they had a conditional greencard, they could stay in the country for about two years if they so chose, easily long enough to destroy my life and career. Officially support should only last approximately a third or a fourth the length of the marriage, but I was told to expect to have to pay this amount for approximately two years due to the fact that there are several ways of filing motions and extensions to extend the length of support, which is why they opted not to settle for what I thought was a significant amount in lieu of a support agreement. So, this is going to appeal, but unless the appeal changes the scenario drastically, I will most likely have to quit my job in a few months and move back home while possibly risking criminal prosecution for doing so because I have no doubt that the spouse would say I was doing it to avoid paying support when in fact I'll have to do it to afford to eat. In short, I'm pretty screwed it appears. I'm basically a walking paycheck I realized in spite of the fact that I had a short marriage and there are no children or property to be considered. I was used basically. Additionally, she refuses to sign divorce papers because she knows this might expedite her being forced to leave the country I believe.

I guess my question is this, is there any kind of benefit to turning myself in for the visa fraud? Technically, I'm beginning to wonder if I'm even legally married. There's all kinds of precedent and protections for abuse of immigrant spouses or using immigrant status to coerce or abuse them, and rightfully so, but what about the reverse? I didn't think I was getting into a sham marriage but now, it really feels like I'm being taken advantage of financially by someone who wanted to use me to get access to a lifestyle more than to be with me. Any advice or input would be appreciated. Thanks for your time.

Sansa

It sounds as if you didn't do your homework and were outsmarted. Keep in mind she is being inconvenienced going back and forth. I always believed it is better to be the plaintiff than the respondent. If it were me I would find a good attorney and file for divorce immediately. As you said she isn't living in texas but mexico. She will be sent a registered summons. There is a possibility that summons will be returned undeliverable. After all, texas is her last known address. Food for thought Sansa

[sarahaziz 0]

I would do some homework and try to prove she was the fraud and youre not really married just a thought.

[~Laura and Nick~ 5]

I would do some homework and try to prove she was the fraud and youre not really married just a thought.

Why are threads from 8 months ago being commented on?

[Traditions Way 0]

I believe that I am a victim of marriage fraud. Can I contact the INS and request that my spouse be deported?

I have encountered many nasty divorce cases wherein an embittered spouse gets dumped by an alien spouse. The immediate reaction by the U.S. spouse is to undertake efforts to have his/her spouse deported. The U.S. spouse often will contact the I.N.S. and request that their spouse be deported based on the grounds of marriage fraud. My advice to the U.S. spouse is to chalk it up as a bad experience and to avoid being vengeful. I also advise the U.S. spouse that he probably was aware of the risks of the marriage, and that he has to accept the failure of the marriage.

If the alien spouse is seeking to "shake down" the U.S. spouse, then I may advise that an annulment be pursued. Fraud in the inception of marriage is grounds for an annulment. An allegation of marriage fraud may be made to obtain an annulment by the spouse of an alien who gained legal resident status through marriage. It is very important for an alien spouse to vigorously contest any annulment based on fraud. An annulment complaint can really "soften up" an alien spouse. This strategy can really work wonders, and significantly reduce an alien spouse's demands in any divorce case.

Unfortunately, there are risks with this strategy. A U.S. citizen could face criminal liability for a marriage fraud allegation. It is important to inform any U.S. citizen that if they had any knowledge of an alien's intention to marry in order to gain legal resident status and that citizen participated knowingly in the sham marriage, criminal provisions subject U.S. co-conspirators to a felony prosecution under 18 U.S.C. Section 1001.

To conclude, the best strategy for a U.S. citizen to follow is to avoid the obvious impulse of trying to have your ex-spouse deported. You don't have to continue to sponsor her immigration application. However, you should avoid the impulse to try to "nuke" her application. If the alien spouse is seeking excessive alimony and unrealistic demands for equitable distribution, then the U.S. citizen may want to pursue an annulment. Alternatively, the U.S. spouse could insert a count of marriage fraud in the divorce complaint. It is very rare for a U.S. citizen to be prosecuted for marriage fraud. The U.S. Attorney is really more interested in pursuing immigration fraud on a mass level, such as slave labor cases. However, the laws do exist on the books. If an alien spouse is money hungry in a divorce case, then pursuing an annulment or alleging fraud in the divorce complaint is the equivalent of putting a "monkey wrench" in her plans.

[diadromous mermaid 36]

I believe that I am a victim of marriage fraud. Can I contact the INS and request that my spouse be deported?

I have encountered many nasty divorce cases wherein an embittered spouse gets dumped by an alien spouse. The immediate reaction by the U.S. spouse is to undertake efforts to have his/her spouse deported. The U.S. spouse often will contact the I.N.S. and request that their spouse be deported based on the grounds of marriage fraud. My advice to the U.S. spouse is to chalk it up as a bad experience and to avoid being vengeful. I also advise the U.S. spouse that he probably was aware of the risks of the marriage, and that he has to accept the failure of the marriage.

If the alien spouse is seeking to "shake down" the U.S. spouse, then I may advise that an annulment be pursued. Fraud in the inception of marriage is grounds for an annulment. An allegation of marriage fraud may be made to obtain an annulment by the spouse of an alien who gained legal resident status through marriage. It is very important for an alien spouse to vigorously contest any annulment based on fraud. An annulment complaint can really "soften up" an alien spouse. This strategy can really work wonders, and significantly reduce an alien spouse's demands in any divorce case.

Unfortunately, there are risks with this strategy. A U.S. citizen could face criminal liability for a marriage fraud allegation. It is important to inform any U.S. citizen that if they had any knowledge of an alien's intention to marry in order to gain legal resident status and that citizen participated knowingly in the sham marriage, criminal provisions subject U.S. co-conspirators to a felony prosecution under 18 U.S.C. Section 1001.

To conclude, the best strategy for a U.S. citizen to follow is to avoid the obvious impulse of trying to have your ex-spouse deported. You don't have to continue to sponsor her immigration application. However, you should avoid the impulse to try to "nuke" her application. If the alien spouse is seeking excessive alimony and unrealistic demands for equitable distribution, then the U.S. citizen may want to pursue an annulment. Alternatively, the U.S. spouse could insert a count of marriage fraud in the divorce complaint. It is very rare for a U.S. citizen to be prosecuted for marriage fraud. The U.S. Attorney is really more interested in pursuing immigration fraud on a mass level, such as slave labor cases. However, the laws do exist on the books. If an alien spouse is money hungry in a divorce case, then pursuing an annulment or alleging fraud in the divorce complaint is the equivalent of putting a "monkey wrench" in her plans.

This is only one man's opinion. The above information is from Theodore Sliwinski, Esq. at http://www.divorcecenterofnj.com

[zqt3344 21]

Precisely and anyone that says Prenups are untrusting or non romantic is in dream world and fairy tale land. Everyone that gets married should have to have one, it would eliminate the need for all these attorneys and out of control divorce laws which are totally unbalanced. This is bad situation for Sansa now, hope it works out, better go get legal help now.

And this is why we get pre-nups!

The part about visa fraud would not change the part about spousal support. You are married, whether it was Mexico or US. If in the US, then normal divorce laws state that if your spouse didnt work during the marriage, you need to support her (vaires depending on what state you got married in). If in Mexico, then the I-134 makes you financially responsible. The key item I think you may need to consult with an international divorce attorney (not just divorce attorney, who will not have in depth experience with other countries laws), is the fact that she's returning back to Mexico.

First, her return may not require you to pay support what so ever, because she's returning home, where she was before responsible for herself.

Second, even if her return home still allows her to collect spousal support, the fact that she'll be living in Mexico (and not FL) may mean that the spousal support amount will be much lower (based on standard of living cost in Mexico)

I'm not 100% what I write is exactly fact, but I think I heard/read this somewhere, so its worth a try to research.

Also, check out with a "good" attorney on the spousal support... it's not suppose to bankrupt you. Some assumption they used may be incorrect (like omitting the debt factor)

Good luck

[TonyGutierrez 2]

so, what happened to your case?

[Ontarkie 13,979]

~~~~Thread locked as the OP has not been back on in 3 yrs ~~~~