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Thread: Marriage Fraud

  1. #1
    Crystal0876 is offline Junior Member
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    Marriage Fraud

    What is the name of your state?What is the name of your state?Florida

    What proof is needed for a marriage annulment on the basis of fraud?

    I feel that I may have been a victim of a green card marriage (for reasons that I will not divulge here) and wish to file for an annulment. If it is true that I was deceived (on the deepest possible level), I do not wish my husband to benefit from his actions against me. Therefore I would not file for a divorce, but an annulment (on the basis of fraud) in order that his residency would be ruled invalid.

    We have been married for 3 1/2 years, he has been in the country for 5 years. He is still a Permanent Resident with conditional status. We have not gone to the second interview to remove the conditional status (and that's probably why we are still married).

    I do not know how to proceed in this matter. I have an appointment with a divorce attorney next week, and will also consult with the immigration attorney that we hired previously.

    I have searched the internet fruitlessly in search of USCIS or ICE regulations/stipulations regarding "proof". There is limitless information on how to become a citizen by marriage and even "how to" sites for "green card marriage", but nearly nothing for victims of green card marriage fraud.

    I would appreciate any information that you can provide.

    Thank you in advance.

    Crystal
  2. #2
    Nata is offline Junior Member
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    So, you've lived with that person for 3 1/2 years, and now, when you got mad at him, you want him to be deported? What a nice attitude

    Now, when he has a Green Card (although it is conditional), he can devorce you and there will be no hurm to his status. From now on he can file the paperwork by himself and have the conditions removed.

    God bless.
  3. #3
    airesflora is offline Member
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    Fraud

    Actually, if his green card was obtained by fraudulent means, you can report that to the INS and they will investigate and should. Having a green card is not sufficient to protect him if he used illegal means to obtain it. He will not be protected.

    Contact your local INS and let them know the particulars about your case. I surmise this isn't as simple as the last post indicated and shame on them. Without knowing the particulars of your case, proof would be a variable. I suggest you pursue this because if he's committed fraud to obtain status here, then he may also do so to screw up your credit and many other things.

    Good luck to you! While I'm not usually in favor of removing status, in your case, if fraud was involved I back you 100%

    Quote Originally Posted by Crystal0876
    What is the name of your state?What is the name of your state?Florida

    What proof is needed for a marriage annulment on the basis of fraud?

    I feel that I may have been a victim of a green card marriage (for reasons that I will not divulge here) and wish to file for an annulment. If it is true that I was deceived (on the deepest possible level), I do not wish my husband to benefit from his actions against me. Therefore I would not file for a divorce, but an annulment (on the basis of fraud) in order that his residency would be ruled invalid.

    We have been married for 3 1/2 years, he has been in the country for 5 years. He is still a Permanent Resident with conditional status. We have not gone to the second interview to remove the conditional status (and that's probably why we are still married).

    I do not know how to proceed in this matter. I have an appointment with a divorce attorney next week, and will also consult with the immigration attorney that we hired previously.

    I have searched the internet fruitlessly in search of USCIS or ICE regulations/stipulations regarding "proof". There is limitless information on how to become a citizen by marriage and even "how to" sites for "green card marriage", but nearly nothing for victims of green card marriage fraud.

    I would appreciate any information that you can provide.

    Thank you in advance.

    Crystal
  4. #4
    vlada is offline Member
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    It's not very easy for him to remove the conditional status. In order for him to get a permaanent 10 years green card you have to appear for the second interview with INS together as they want to make sure that you're still married. He may file for removal of conditional status on his own only if he can prove that he entered the marriage in good faith, but it didn't work for the reasons that are not his fault.
    You have to contact thhe INS with the case number (his alien number) and report fraud. This is not difficult, even tho we don't know the surcumstances.
  5. #5
    seniorjudge Guest
    Quote Originally Posted by Crystal0876
    What is the name of your state?What is the name of your state?Florida

    What proof is needed for a marriage annulment on the basis of fraud?

    I feel that I may have been a victim of a green card marriage (for reasons that I will not divulge here) and wish to file for an annulment. If it is true that I was deceived (on the deepest possible level), I do not wish my husband to benefit from his actions against me. Therefore I would not file for a divorce, but an annulment (on the basis of fraud) in order that his residency would be ruled invalid.

    We have been married for 3 1/2 years, he has been in the country for 5 years. He is still a Permanent Resident with conditional status. We have not gone to the second interview to remove the conditional status (and that's probably why we are still married).

    I do not know how to proceed in this matter. I have an appointment with a divorce attorney next week, and will also consult with the immigration attorney that we hired previously.

    I have searched the internet fruitlessly in search of USCIS or ICE regulations/stipulations regarding "proof". There is limitless information on how to become a citizen by marriage and even "how to" sites for "green card marriage", but nearly nothing for victims of green card marriage fraud.

    I would appreciate any information that you can provide.

    Thank you in advance.

    Crystal

    I thought EVERY marriage was fraudulent?!
  6. #6
    rs141 is offline Junior Member
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    I think, in such cases, there is no time limit, as long as you can prove the intent to fraud beyond doubt. This is what I have been told by a senior attorney as I am also going through similar problem, just other way around. My Russian wife did same thing:-)

    Let me know if you got any further? I have just started looking for this about a week back.

    I honestly think such people who do such frauds must be deported.

    Good luck..
  7. #7
    Eleanor is offline Junior Member
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    Green card marriage fraud

    I believe I also have been a victim of marriage fraud.
    I was married in 2001 to what I thought was the most wonderful man in the world. Our daughter was born in 2002. My husband was so loving and caring, I couldn't have wished for more.
    Issuance of his green card was held up because of 9/11 and the changes that immigration implemented afterwards, then again because our file was accidently sent to Arizona.
    Finally, he got his green card in 2004.
    We even bought a house in 2005. Life was perfect so I thought.
    Shortly after we bought the house he finally passed his driving test. My parents gave him their old car as they were buying a new one so that I didn't have to transport him to and from work every day, which I had been doing for the past 4 years.
    As soon as he got the car, his attitude changed completely.
    Without going into a lot of detail, the situation is just unbearable.
    I feel so betrayed and afraid. I worry he might go back to his country and try to take our daughter, I worry that if I file for divorce I won't be able to enforce child support. I worry that I will lose the house. I have been home with our daughter since she was born and have no family to help me with her while I work. I can't do the work I was doing before due to an injury.
    I racked up all my credit cards to pay bills because he quit his second job soon after he got the car.
    My life is a mess.
    To top things off, I found out he had been e-mailing his ex girlfriend about a year after our daughter was born telling her that he was going to accomplish what he had come here to do and that he still felt the same towards her, that he wanted to see her again.
    He went back to his country just over a year ago to visit with his family, but now I wonder if he went to meet up with her again. I have no proof of this though I strongly suspect.
    I honestly believed he loved me and he kept up the deception soooo well. Now he wants nothing to do with me and doesn't even show any interest in our daughter which is the hardest thing for me to deal with. I can't stand to think that she will be the biggest victim of all.
    What can I do to protect myself and my daughter?
    I would like him to be punished for what he did but my main concern is keeping what is left of my life together.
    I would also like to warn anyone else considering marrying a foreigner to think long and hard before doing so.
  8. #8
    AHA
    AHA is offline Senior Member
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    Quote Originally Posted by Eleanor
    I believe I also have been a victim of marriage fraud.
    I was married in 2001 to what I thought was the most wonderful man in the world. Our daughter was born in 2002. My husband was so loving and caring, I couldn't have wished for more.
    Issuance of his green card was held up because of 9/11 and the changes that immigration implemented afterwards, then again because our file was accidently sent to Arizona.
    Finally, he got his green card in 2004.
    We even bought a house in 2005. Life was perfect so I thought.
    Shortly after we bought the house he finally passed his driving test. My parents gave him their old car as they were buying a new one so that I didn't have to transport him to and from work every day, which I had been doing for the past 4 years.
    As soon as he got the car, his attitude changed completely.
    Without going into a lot of detail, the situation is just unbearable.
    I feel so betrayed and afraid. I worry he might go back to his country and try to take our daughter, I worry that if I file for divorce I won't be able to enforce child support. I worry that I will lose the house. I have been home with our daughter since she was born and have no family to help me with her while I work. I can't do the work I was doing before due to an injury.
    I racked up all my credit cards to pay bills because he quit his second job soon after he got the car.
    My life is a mess.
    To top things off, I found out he had been e-mailing his ex girlfriend about a year after our daughter was born telling her that he was going to accomplish what he had come here to do and that he still felt the same towards her, that he wanted to see her again.
    He went back to his country just over a year ago to visit with his family, but now I wonder if he went to meet up with her again. I have no proof of this though I strongly suspect.
    I honestly believed he loved me and he kept up the deception soooo well. Now he wants nothing to do with me and doesn't even show any interest in our daughter which is the hardest thing for me to deal with. I can't stand to think that she will be the biggest victim of all.
    What can I do to protect myself and my daughter?
    I would like him to be punished for what he did but my main concern is keeping what is left of my life together.
    I would also like to warn anyone else considering marrying a foreigner to think long and hard before doing so.
    You need to start your own thread if you want advice on your problem.
  9. #9
    AHA
    AHA is offline Senior Member
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    Quote Originally Posted by vlada
    It's not very easy for him to remove the conditional status. In order for him to get a permaanent 10 years green card you have to appear for the second interview with INS together as they want to make sure that you're still married. He may file for removal of conditional status on his own only if he can prove that he entered the marriage in good faith, but it didn't work for the reasons that are not his fault.
    You have to contact thhe INS with the case number (his alien number) and report fraud. This is not difficult, even tho we don't know the surcumstances.
    Quite a few couples get called for an interview to remove the conditions. Most couples make sure they send in enough quality proof of their continuing marriage when they apply for the lifting of conditions and therefore don't get called in for an interview.
    Being married and living together for 3,5 years will probably mean plenty of "paper proof" of a marriage, but if OP feels that she has been conned for 3,5 years under her own roof, then she needs to report her suspicions, withdraw her sponsorship, get a divorce and move on with her life.
  10. #10
    FLMommy is offline Member
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    So was the child an accident then? You're married, have a child with this guy - I mean, wouldn't he have done anything he could to prevent from you getting pregnant if his sole reason - being a selfish as heck reason - was to get a US Green Card? How has he been as a Daddy? As a husband? Every couple gets into marital problems sooner or later, and around 3.5 years is one of those "hot" times in a marriage where a lot of couples start to rethink things, or things get tough . Some work it out, others don't. Just because you all are experiencing difficulties, and can't work it out (??) doesn't mean he's conned you for 3.5 years, plus however long you dated for/were engaged for before that. There are a lot faster ways of getting a GC, and if he really wanted one, don't you think he would have gone about it a faster way?

    You might be totally right - I don't know all the details about your marriage, and I don't need to. Maybe he did con you. I just find it very hard to believe.

    And please think of your child...

    PS: (EDIT) Could you let us know when filed for his Permanent Residency, when he was granted PR, and when he filed to get the conditions removed? One can get the conditions removed after 2 years - so did it take a year or so before his original PR was granted? Because if he wanted his GC without conditions SO bad, and he received his PR pretty soon after getting married to you - the time frame of 3.5 years, makes no sense.
    Last edited by FLMommy; 06-01-2006 at 11:42 AM.
  11. #11
    Eleanor is offline Junior Member
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    The child was not an accident, on my part anyway. I had told him before the marriage that I didn't want any more kids, but later felt this was selfish on my part to deny him children. I was under the impression that he wanted kids but was willing to not have children because he loved me. That's the main reason I changed my mind. I felt I was too old to have any more kids (I was 39) but when the decision to have a child was made I wanted to do it right away because of my age. He never said anything to the effect that he wasn't ready to be a father, and he seemed excited.
    In retrospect, I know I put myself in this awful predicament. If I knew then what I know now, I would never have done it. But it's easy to be wise after the event.
    Because of the delays as I mentioned, by the time we had our final interview, we had already been married over 2 years so there was no conditions attached to the green card. He got an unconditional one.
    I don't know any faster way to get your green card than to marry a US citizen. It was also at the time that the Life Act was in effect so he didn't have to return to his country to wait for the green card. At that time the processing time was about 6 months. The only reason we ran into problems was because of 9/11 and they became very strict about doing background checks. He had to get his fingerprints done a second time etc.
    (We filed for the green card in April 2001, he finally got it around October 2004).
    If his intention was to marry me to get his green card, I'm sure he didn't expect it to take so long.
    The reason I suspect fraud so much is the way he changed right after he got all his documents and because of the communication with his "ex".
    I have tried to talk to him and working things out but he has no interest in doing either.
    Last edited by Eleanor; 06-01-2006 at 01:20 PM.
  12. #12
    AHA
    AHA is offline Senior Member
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    Quote Originally Posted by Eleanor
    The child was not an accident, on my part anyway. I had told him before the marriage that I didn't want any more kids, but later felt this was selfish on my part to deny him children. I was under the impression that he wanted kids but was willing to not have children because he loved me. That's the main reason I changed my mind. I felt I was too old to have any more kids (I was 39) but when the decision to have a child was made I wanted to do it right away because of my age. He never said anything to the effect that he wasn't ready to be a father, and he seemed excited.
    In retrospect, I know I put myself in this awful predicament. If I knew then what I know now, I would never have done it. But it's easy to be wise after the event.
    Because of the delays as I mentioned, by the time we had our final interview, we had already been married over 2 years so there was no conditions attached to the green card. He got an unconditional one.
    I don't know any faster way to get your green card than to marry a US citizen. It was also at the time that the Life Act was in effect so he didn't have to return to his country to wait for the green card. At that time the processing time was about 6 months. The only reason we ran into problems was because of 9/11 and they became very strict about doing background checks. He had to get his fingerprints done a second time etc.
    (We filed for the green card in April 2001, he finally got it around October 2004).
    If his intention was to marry me to get his green card, I'm sure he didn't expect it to take so long.
    The reason I suspect fraud so much is the way he changed right after he got all his documents and because of the communication with his "ex".
    I have tried to talk to him and working things out but he has no interest in doing either.
    Like I have already explained, if you want advice on YOUR problem, you need to start your own thread. By hijacking someone else's thread you are confusing everyone and taking help away from the poster who started this thread.

    START YOUR OWN THREAD.
  13. #13
    AHA
    AHA is offline Senior Member
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    Quote Originally Posted by Eleanor
    The child was not an accident, on my part anyway. I had told him before the marriage that I didn't want any more kids, but later felt this was selfish on my part to deny him children. I was under the impression that he wanted kids but was willing to not have children because he loved me. That's the main reason I changed my mind. I felt I was too old to have any more kids (I was 39) but when the decision to have a child was made I wanted to do it right away because of my age. He never said anything to the effect that he wasn't ready to be a father, and he seemed excited.
    In retrospect, I know I put myself in this awful predicament. If I knew then what I know now, I would never have done it. But it's easy to be wise after the event.
    Because of the delays as I mentioned, by the time we had our final interview, we had already been married over 2 years so there was no conditions attached to the green card. He got an unconditional one.
    I don't know any faster way to get your green card than to marry a US citizen. It was also at the time that the Life Act was in effect so he didn't have to return to his country to wait for the green card. At that time the processing time was about 6 months. The only reason we ran into problems was because of 9/11 and they became very strict about doing background checks. He had to get his fingerprints done a second time etc.
    (We filed for the green card in April 2001, he finally got it around October 2004).
    If his intention was to marry me to get his green card, I'm sure he didn't expect it to take so long.
    The reason I suspect fraud so much is the way he changed right after he got all his documents and because of the communication with his "ex".
    I have tried to talk to him and working things out but he has no interest in doing either.
    As a matter of fact, you have your own thread:

    [url]http://forum.freeadvice.com/showthread.php?t=323118[/url]

    so wait for advice for your problem there instead.
  14. #14
    FLMommy is offline Member
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    AHA, my fault. Lack of sleep - I mixed up the 2 posts. OP doesn't have a child, but I was posting to her... sorry.
  15. #15
    AHA
    AHA is offline Senior Member
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    Quote Originally Posted by FLMommy
    AHA, my fault. Lack of sleep - I mixed up the 2 posts. OP doesn't have a child, but I was posting to her... sorry.
    No problem, it's wasn't a waste of time if Eleanor understand it now after I have explained it twice, seeing as I have other things to do than to repeat myself.

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