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MARRIAGE / IMMIGRATION FRAUD: Using fresh evidence for stale fraud?

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Oy!

Junior Member
Fraud: Statements made to Consul, US Embassy, Manila, Philippines, December 1997

Evidence: Received November 2011, none earlier.

Desired immediate outcome: Embassy letter asserting that, were evidence known to them at the time, immigration would have been denied on grounds of fraudulent marriage.

Desired eventual outcome: Denial by judge in Virginia divorce of benefits accruing from marriage, viz. military retirement.

NB: Virginia has no common law marriage. I hope the judge will act in this determination as if parties were not married.

Question 1: Feasibility of obtaining statement? All advice on tips, tricks, traps, and strategies welcome.

Question 2: Feasibility of obtaining judge's favorable decision? Again, hope for advice on tips, tricks, traps, and methods.
 


Proserpina

Senior Member
Fraud: Statements made to Consul, US Embassy, Manila, Philippines, December 1997

Evidence: Received November 2011, none earlier.

Desired immediate outcome: Embassy letter asserting that, were evidence known to them at the time, immigration would have been denied on grounds of fraudulent marriage.

Desired eventual outcome: Denial by judge in Virginia divorce of benefits accruing from marriage, viz. military retirement.

NB: Virginia has no common law marriage. I hope the judge will act in this determination as if parties were not married.

Question 1: Feasibility of obtaining statement? All advice on tips, tricks, traps, and strategies welcome.

Question 2: Feasibility of obtaining judge's favorable decision? Again, hope for advice on tips, tricks, traps, and methods.


We don't do tricks and traps here.

(This isn't freehuntingadvice.com)

Speak with an attorney. Expect nothing to happen.
 

sandyclaus

Senior Member
Fraud: Statements made to Consul, US Embassy, Manila, Philippines, December 1997

Evidence: Received November 2011, none earlier.

Desired immediate outcome: Embassy letter asserting that, were evidence known to them at the time, immigration would have been denied on grounds of fraudulent marriage.

Desired eventual outcome: Denial by judge in Virginia divorce of benefits accruing from marriage, viz. military retirement.

NB: Virginia has no common law marriage. I hope the judge will act in this determination as if parties were not married.

Question 1: Feasibility of obtaining statement? All advice on tips, tricks, traps, and strategies welcome.

Question 2: Feasibility of obtaining judge's favorable decision? Again, hope for advice on tips, tricks, traps, and methods.
So, you want to try to argue that had your STBX not illegally immigrated, you would never have gotten married, and wouldn't owe your military retirement benefits?

That would be a nice magic trick.
 

Proserpina

Senior Member
So, you want to try to argue that had your STBX not illegally immigrated, you would never have gotten married, and wouldn't owe your military retirement benefits?

That would be a nice magic trick.


And the REALLY fun part to this?

At this point, the OP would be seen as complicit in the alleged immigration fraud. That's felony time.

But I'll answer anyway.

1) The Embassy isn't going to even consider the new information, let alone make such a statement.

2) See 1).
 

Oy!

Junior Member
Tricks and traps refer to avoiding making openings for summary rejection of my request.

She has been planning this for a long time with a friend who did exactly the same thing.

I'm talking planning that I know of for sure 9+ years ago.

I know knowing and proving are different, but then, I was trying to deny it to myself.

I don't want any result but a written opinion.

The fact that the disclosure is recent is just to let 'em feel free to express themselves.

It is because every Embassy is different. No fiancee visas from Guangzhou or Vietnam, for example.
 

Oy!

Junior Member
And a divorce is an affirmation of the existence of a marriage.

So the entitlement alone is in question. Containment is desired.

Proving it is fraudulent is not good because of where it necessarily leads.

Enough to show that had they known, they would have come to a conclusion.

If that is not enough, then I don't want to do it. Is it or not? Tell me.
 

OHRoadwarrior

Senior Member
Though the gov't may have a reason to kick her out. You appear to have received the benefit of your bargain. You married someone you did not know, from a foreign country, which is a red flag for failure of the marriage. You got yours and now she is getting hers.
 

Oy!

Junior Member
PS--Her BF is pushing it to pay his gambling debts and his alimony. That's where HIS military retirement goes. And mine, for now. Mine, or used to be mine, is the 4th married Filipina in the local area he has used as an ATM to withdraw the husband's money.
 

Oy!

Junior Member
Though the gov't may have a reason to kick her out. You appear to have received the benefit of your bargain. You married someone you did not know, from a foreign country, which is a red flag for failure of the marriage. You got yours and now she is getting hers.
Shoot, these days marriage is a red flag for divorce. Two folks get together, go out to eat weekly, can't talk with their faces stuffed, go to a movie, can't talk in the movie, two years of this pass, then their friends and relatives tell them they've been engaged long enough.

After 7 months of writing, the box is 6" deep and 12" x 18" stuffed, I thought I knew I had a family woman.

But yes, I made a stupid mistake, one Gavin De Becker's wonderful book (that I don't think was out yet) could have prevented. She wrote me first. THAT is the red flag.

Yeah, I was divorced. Yeah, I didn't know you can't be a dad on every other weekend and 2 weeks in the summer. That was the deal back then. Yeah, my lifelong dream was to raise kids to adulthood. So sue me.

My GF right before then was 10 years older than me. What, was she some kind of criminal you need to condemn, too, for going younger?
 

Zigner

Senior Member, Non-Attorney
Shoot, these days marriage is a red flag for divorce. Two folks get together, go out to eat weekly, can't talk with their faces stuffed, go to a movie, can't talk in the movie, two years of this pass, then their friends and relatives tell them they've been engaged long enough.

After 7 months of writing, the box is 6" deep and 12" x 18" stuffed, I thought I knew I had a family woman.

But yes, I made a stupid mistake, one Gavin De Becker's wonderful book (that I don't think was out yet) could have prevented. She wrote me first. THAT is the red flag.

Yeah, I was divorced. Yeah, I didn't know you can't be a dad on every other weekend and 2 weeks in the summer. That was the deal back then. Yeah, my lifelong dream was to raise kids to adulthood. So sue me.

My GF right before then was 10 years older than me. What, was she some kind of criminal you need to condemn, too, for going younger?
<q4p>
:rolleyes:
<spit>
 

OHRoadwarrior

Senior Member
You appear to not understand the gray area between "Love, Honor and Cherish" and someone you enjoy schtuupping. You do not marry a person because you can live with them. You marry them because you cannot live without them.
 

FlyingRon

Senior Member
ICE's determination that your marriage is a fraud means nothing to the state of Virginia. You are married until you get a divorce or annulment. The ICE determination isn't even likely to be admissible in a JDR court action.
 

Zigner

Senior Member, Non-Attorney
ICE's determination that your marriage is a fraud means nothing to the state of Virginia. You are married until you get a divorce or annulment. The ICE determination isn't even likely to be admissible in a JDR court action.
ICE hasn't made such a determination.
 

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