I-751 bona fide waiver ended with annulment

[Lorie00 12]

I filed i751 bona fide marriage with divorce/annulment pending procedings. I had an interview with uscis officer and once i handed him my annulment decree he said he can't adjudicate my case and interview me because legally my marriage never existed. If the law says that marriage never existed why does the form allows me to choose an option of bona fide marriage waiver ended in annulment? I waisted my money, time, only to go to USCIS and being refused an interview? The officer never looked at my bona fide evidence nor asked me questions. Is that some kind of loophole or misleading immigration law? I'm devastated.  Anybody knows what I can Do? File a complain, write to Ombudsman? 

[SalishSea 16,779]

6 minutes ago, Joshiandmiri said:

I filed i751 bona fide marriage with divorce/annulment pending procedings. I had an interview with uscis officer and once i handed him my annulment decree he said he can't adjudicate my case and interview me because legally my marriage never existed. If the law says that marriage never existed why does the form allows me to choose an option of bona fide marriage waiver ended in annulment? I waisted my money, time, only to go to USCIS and being refused an interview? The officer never looked at my bona fide evidence nor asked me questions. Is that some kind of loophole or misleading immigration law? I'm devastated.  Anybody knows what I can Do? File a complain, write to Ombudsman? 

Wow, sorry to hear.  I've not heard of this happening before.  Was the annulment done in the US?  Why was the marriage annulled?

 

You will likely need a lawyer to file an appeal.

[Lorie00 12]

Yes, my marriage was annulled based on my ex false statement that we didn't have sex, that I was avoiding him and married for a green card. I have bona fide evidence of bills, same address, same last name, bank statements with co mingling finances for 2 years, 2 years IRS transcripts, pictures, hotels booking, tickets, health and car insurance together, purchase of vehicle, beneficiary lists, life insurance policy etc. The officer never looked into my evidence. Do you know what should I Do? 

[SalishSea 16,779]

1 minute ago, Joshiandmiri said:

Yes, my marriage was annulled based on my ex false statement that we didn't have sex, that I was avoiding him and married for a green card. I have bona fide evidence of bills, same address, same last name, bank statements with co mingling finances for 2 years, 2 years IRS transcripts, pictures, hotels booking, tickets, health and car insurance together, purchase of vehicle, beneficiary lists, life insurance policy etc. The officer never looked into my evidence. Do you know what should I Do? 

I think you need a lawyer.  Doesn't sound like a DIY.   Why did you agree to the annulment if it was based on false information?

[Lorie00 12]

I had a lawyer but he didn't help me. I lost a lot of money. I didn't agree for annulment. The judge belived my ex and issued annulment that I commited a fraud and didn't consumate the marriage. Both are not true. My ex wanted to destroy my life. 

[SalishSea 16,779]

1 minute ago, Joshiandmiri said:

I had a lawyer but he didn't help me. I lost a lot of money. I didn't agree for annulment. The judge belived my ex and issued annulment that I commited a fraud and didn't consumate the marriage. Both are not true. My ex wanted to destroy my life. 

When you say you had a lawyer, was it an immigration lawyer?  

[Villanelle 4,121]

If your annulment was based on fraud then theres no way you will be able to remove conditions.... Technically the Officer was incorrect if they gave you the reason for denial being an annulment vs a divorce. However you will not know for sure the official denial reason until it is mailed to you. So I guess you can wait to see what the notice actually says. It probably wont say in the notice that it was denied simply because it was an annulment but rather based on the annulment being under fraud. IF by some chance the denial does say its because it was an annulment you could technically fight it, however it wont be successful ROC at the end as a judge ruled fraud on your part. 

 

So your options are to fight if an incorrect reason was used for denial keeping in mind even if you win that fight you will ultimately be denied anyway (kind of pointless to fight) or accept it and make plans to leave the US. Also having an annulment based on fraud will make it impossible for you to ever prove another marriage with USCIS. 

[Johuang 3]

Don't give up, you can sue the immigration office, you have to believe that you can do it.

[Lorie00 12]

I didn't commit an immigration fraud.  I have a proof of my pure intent to get married as I wanted to live with my ex in my country. I have text messages supporting this. I was married to my ex for 2 years and we established life together. When I left him he wanted revenge and filed for annulment. As I said there is no proof of fraud; the judge's opinion is based on my ex saying that I married him for a green card.

10 hours ago, Jorgedig said:

When you say you had a lawyer, was it an immigration lawyer?  

I had a divorce lawyer who lost the case.

[Lorie00 12]

9 hours ago, Villanelle said:

If your annulment was based on fraud then theres no way you will be able to remove conditions.... Technically the Officer was incorrect if they gave you the reason for denial being an annulment vs a divorce. However you will not know for sure the official denial reason until it is mailed to you. So I guess you can wait to see what the notice actually says. It probably wont say in the notice that it was denied simply because it was an annulment but rather based on the annulment being under fraud. IF by some chance the denial does say its because it was an annulment you could technically fight it, however it wont be successful ROC at the end as a judge ruled fraud on your part. 

 

So your options are to fight if an incorrect reason was used for denial keeping in mind even if you win that fight you will ultimately be denied anyway (kind of pointless to fight) or accept it and make plans to leave the US. Also having an annulment based on fraud will make it impossible for you to ever prove another marriage with USCIS. 

But USCIS needs sufficient evidence for a fraud, and they don't have it. It's an opinion of the discriminatory family law judge. There was no payment, no fraudulent deal, no confession of me comitiing fraud. My ex wanted retaliation that I left him. 

[USS_Voyager 1,971]

This is a mess. You need an immigration lawyer immediately. Contact Dyan:  https://dyanwilliamslaw.com/

[Lorie00 12]

There is nothing I can do now:( I will loose my job, my money, my reputation, my name, my future because of lies of American citizen whose words are treated as true to life. 

[USS_Voyager 1,971]

52 minutes ago, Joshiandmiri said:

There is nothing I can do now:( I will loose my job, my money, my reputation, my name, my future because of lies of American citizen whose words are treated as true to life. 

Contact a lawyer. You should have had an immigration attorney to begin with. Their first advice might have been, don't do the annulment, do a divorce instead....

[SalishSea 16,779]

2 minutes ago, USS_Voyager said:

Contact a lawyer. You should have had an immigration attorney to begin with. Their first advice might have been, don't do the annulment, do a divorce instead....

This is what I find confusing about the OP's story.  Surely both parties would have had to have signed the annulment?

[Lorie00 12]

Just now, Jorgedig said:

This is what I find confusing about the OP's story.  Surely both parties would have had to have signed the annulment?

I didn't sign annulment. I filed for a divorce but after hearing my ex lies the judge granted him annulment.