Annulment by default?

[Proserpina]

If, somehow, he DID manage to prove the marriage was fraudulent, would he be able to get his sponsorship cancelled?

Well, there are two issues here - one regarding family law, and other federal law. While it is true that annulment technically means the marriage never existed, this does not affect the federal matter of the I-864.

There is case law showing that annulment does not negate the obligation, put it that way (which surprised me). Once signed, the I-864 cannot be revoked - the only way to do away with the whole thing is actually cancel the entire petition. But since it has already been adjudicated (even on a temporary basis), he is no longer able to do that.

Yes, this guy needs an attorney. I don't hold out much hope that he can get out of the I-864 even if he does get an annulment based on fraud.

And if he does? I'd expect wifey to file under VAWA.

 

[ecmst12]

Man, that's pretty messed up.

 

[Proserpina]

Man, that's pretty messed up.

It really is.

In fact (and apologies for the slight highjack), one of the first published cases involved the guy signing the I-864 as part of the K1 fiancee visa package.

They didn't even get married - and he STILL couldn't back out. His obligation began the day he signed.

This is an attorney's website:

http://fiancevisaslawyer.com/blog/?p=44

 

[Bali Hai]

Sure, here are the facts:

1. She got her conditional GC and started acting very aggressively, and i am talking about contiually arguing on everything, neglecting me and the house, being out of the house for almost half day everyday (she is jobless BTW).
2. Scolding my family members including myself and cursing us out
3. Killing my unborn child, my first child, who didn't even get a chance to defend him/her self
4. Stealing all the gold jewelry from my locker and from my sister's closet
5. And when i went to talk to her house, scolding me for one hour and cursing the **** out of me
6. and BTW, falsifying on her passport and ID cards about her place of birth and name

MR BALI HAI, you must stop being biased and assuming that i am the one who used her and now for some little reasons, suing her for annulment. I loved her and married her to settle a family, have kids, have a good life. Dude, is it too much to ask? If you cannot contribute without being biased, plz keep out of this thread... i will really appreciate your understanding in this matter.!

I'll make a couple of unbiased comments and take my leave.

1. YOU married this person apparently knowing about the alleged passport and ID card fraud.
2. Did you report the alleged DV and theft to the police?
3. Since she is jobless BTW, it doesn't look favorable for you "dude".