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Soap Opera Marriage Fraud and Divorce Story; advice wanted.

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SeattlMike

Junior Member
What is the name of your state? Colorado

I think I was married to avoid deportation when a H1B visa ran out.

I met my wife on the first of the month. She was 34, single and lived with her sister, who I was told was single. Months later, I found out later she was involved in a scam marriage that her husband still doesn't fully know about. Her sister was in Law school, (Comparative Law-Immigration Emphasis). I found that the sister already had a JD from Mexico-where their brother is also a lawyer.

Things were going quite well at the time she sat me down on the 26th and told me she'd just "suddenly found" that her employer was not going to have a meeting about renewing H1B's until 12 days after hers had expired on the upcoming 1st of the month. This meant that she would have to leave, then come back IF they renewed it. Had I not also been suddenly hit with news three days prior that she was pregnant with my kid, I'd have let it ride and just saw what happened.

This left me in a position of deporting "my" unborn baby with her mother, or marrying her fully intending to make lemonade from this lemon I'd been handed. On the day before her visa was to expire and after she'd apparently made all sorts of extraordinary appeals with her supervisor's full support, I made lemonade.

Things changed, as the sad song goes. She got moody and withdrawn, which I attributed to pregnancy. Occasionally she'd perk up, but mostly she was a nightmare to be around; tired, moody, hypercritical, and just plain mean when she was frustrated. She refused to cooperate financially. I was laid off and was desperately trying to keep the family afloat with a budget. She repeatedly refused to sit down and create a budget. I paid the mortgage, utilities, and food from my accounts. At one point, she said she'd never divorce me, and that we'd come to an "arrangement" like her sister had with her husband. I told her that I would never do that, and that if she ever left the house, that was the end-she'd have to suffer the immigration consequences on her own. I have no interest in being in a scam marriage, but I did have an interest in seeing a counselor. Suddenly she was willing to go to counseling. He retired at Xmas, and she refused to see one after that.

To fast forward past the petty argument details, the baby was born. 6 weeks later, after a few fights, she suddenly started picking fights the week before she was to return to work from maternity leave. I had caught her trolling for tickets to Las Vegas, which we could not afford. I also had found browser's left open regarding trips from Las Vegas to Houston and Brownsville. She called the police over an argument over the baby's gift money from her baptism, they told her that wasn't a police issue. The argument continued, and after agreeing to go to counseling and try to work things out the next day, I walked in on her crying that night. I found that her sister had called her cell phone and was demanding that she leave the home, with our daughter, and they "would leave and he'd never find us". Her sister was drunk and at a party-11pm. I demanded an explanation, and her sister heard me and began screaming at her. Her sister called the police, who came and told her that threats to leave and divorce her were a civil affair. It just so happened to be the same cops as the day prior, and one of them told her that if they were called out again, they'd arrest her or her sister for making false claims.

Later that eve, the police were again called to my home at midnight by my sister. It turned out that her sister and her had several more conversations that night, then my wife called my sister. She called my sister in the middle of the night, and got her all worked up with lies, then hung up quickly. My sister, confused, decided to call the police and just make sure things were alright. Different cops arrived, and after they asked her is she was hit, hurt or threatened, which she denied, she got a call from her sister. Suddenly, my wife was afraid, after this call from her just-graduated-from-law school sister.

She left with the baby, even though I told the police that this whole issue was due to her threatening to leave for Mexico with the baby. She zipped off to a shelter. In county court, we got mutual restraining orders, mine to keep her from fleeing the country, and hers to attempt to have me removed from MY home (owned for 3 years before I ever met her), but she didn't succeed. At first she told police, child advocates, and the courts that I wasn’t a threat to her or my baby. She also told them I’d never hurt her, which is absolutely true. A week later, and after extensive coaching from her sister, she’s in court telling them I was trying to kill her and the baby.

Well, I've got to take a break here, and I'll come back and finish the story later. Please leave feedback on what you think of things as presented thus far; it does go to divorce-I'll tell you that much. I really look forward to advice on how to present this in court, as she took me for all my $, and I can't afford an attorney now--unless I lose my home--and with the ancillary credit damage she's done to me now, I won't get another anytime soon.

Thanks!
 


ImmigAttyLana

Senior Member
Where is your question in any of this and what does your question, if any, have to do with immigration since you are the US citizen, as I understand it?
 

SeattlMike

Junior Member
Ah, the questions....there are so many!

As I said, I needed to come beack to finish it off! :) Ha! Anyway, the question is how to counter the position that she's taking. She's trying to stay in the US by creating a record on the divorce that there's some type of mental torture going on, using that clause in the Code of Federal Regs. Essentially she's trying to say that I subjected her to extreme emotional hardship, since I've never touched her physically. She's got no grounds for this, so she's making stuff up with her sister, trying to create the illusion of an environment of fear, when earlier she stated to many (including the child advocate) that there was nothing to fear, and that I'd not ever touched her.

She is trying to create a record in the divorce, knowing that I won't be notified of her hearing to remove her conditional status; therefore unable to be there in person to correct the record. Of course I can file a long letter with CIS, but it's not as good as being in person. Is there a way to expedite the Immigration hearings? I am told by the fist level Immigration officers at the CIS 800 number that they can't, and that the only time they would be involved is in the 90-day window before the 2 year anniversary.

She's trying to setup a two-pronged attack. The first is to gain custody by claiming I am cruel and mean to her, and the second is to use that same argument to stay in the country. She'll gain custody first, which will strengthen her case for remaining in the country. Oh, her sister was a 3.95GPA student in law school, and spent years as a paralegal in one of the top immigration firms here, so they do have the cunning to do this. My wife is this devious, as I have found; she was previously married into a very wealthy family, and is a former actress/model. :eek:

The basic question is how to get custody of my daughter and expose my wife's tactics to the court for what they are, geared at immigration more than anything else? What levels of proof does district court require? What levels of proof does CIS require? How can I involve CIS in this so they can help me out here? Where can I get help, since she's screwed me financially? :(
 

ImmigAttyLana

Senior Member
Get an attorney to represent you in this and do not attempt to do this on your own if you want anything to come out of this.
 

rmet4nzkx

Senior Member
If you go to the US state Department site and look under "Parental Abductions" you will find there is what is called an "afirmative defense" if domestic violence is claimed and essentially gives your Wife a free ticket to ride no matter the marital or custody state, it is a very common way to both protect children from and to abduct children, there are similar state statutes. So it is very important to get any domestic violence claims dismissed with prejudice. You will need an attorney with special competence in the issue of child abduction. It is also important collect evidence and documentation, to establish any plotting or undue influence, or claims that may be "estoppeled" and also important to establish if she was committing fraud at any point in your marriage or before. Have you had a DNA test to prove paternity? Be sure to seek an attorney competent to deal with your issues and organize your materials for them.
 

SeattlMike

Junior Member
Thanks for the ideas from State, I've also found that there's a little used order that you can also issue. It's called the Prevent Departure Order, issued via Dept. of Homeland Security, 202-647-1512. It issues an order to all border crossings, ports, and airlines not to allow the person named onto international flights, or out of the country by air, land, or sea. Apparently it works really well with commercial tranportation providers. This is for American Citizens to call regarding citizens of a foreign country only, and you have to spell out a good case in an emergency. In my case, there was a real possibility that my child would be taken out of the country, but I was told it can be used in cases such as a wife that's been beaten and the hubbie's hopping a flight to XYZ nation. It's also good for 30 days, and then it's got to be renewed. They didn't say it, but I'd suspect that they won't renew indefinitiely.

Regarding DNA, I'm getting that covered. I can't afford an attorney, unless I lose my home. She waited until the money was really low, then hit me with this stuff. With that in mind, I have to go pro se. I did some time in law school and have numerous graduate and undergraduate degrees, so with a little guidance, I think I can do this. Has anyone dealt with prepaid legal or legal coaches? How do you find a legal coach? What was your experience? Any suggestions on how to proceed, any strategy ideas? Thanks!
 

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