GC Fraud through Marriage

F

fatjoe007

Registered Users (C)
I met a girl last year outside the country and married her and got her into the country on a Green Card. However she abandoned me within 1 month of comming into the country. I tried several ways to locate her ad finally found that she is living with some family in another state and does not want to talk to me. I feel defrauded because it does appear that she had no intent to enter into a valid marraige with me except to gain entry into the country. The following are the facts:

1. Married me in may 2001 but made a pretex of 'some work' outside the country not to come with me on a temprory visa and asked me to send her the Green card papers.

2 Came to the country only on getting the Green card

3. Lived with me for 1 month and then left me on pretex of 'some work' outside the country

4. Rentered country but never contacted me and refused to see me when i traced her down.

5. Openly stated (have witnesses) that I have Green card so I dont need you.

6. Never allowed marraige to be consumated, possibly due to inability/unwillingness to have sexual intercourse.

7. I hired a private investigator and found that her family is involved in major tax fraud in the old country and were looking for a way to move money to US out of the old country. I may have been caught in their fraud scheme.


Can I file for anullment based on fraud ? I realise there is a lot of burden of proof on me but I feel totally defrauded by this indivudual.
Joe.
 
Whether you can get the marriage annulled or not is really more of a family law question than it is an immigration question. Of course, you could always complain to INS about the "fraud" and let them pursue if they like. Note that she could always try to claim that you abused her and that is why she left (that might also permit a permanent GC - assuming that she received a 3 year conditional GC based on your marriage).
 
I agree with Mr. Mills. This may be a case of immigration fraud. It can impact you if you ever decide to marry again, specially to a non-American in US or overseas. You need to straighten this out.
 
His spouse could claim the abuse. But again how is she going to get a police report of the abuse without the law contacting her husband??
 
Jim Mills et al... Fradulent usage of 130 & Falsified I-360 -HELP!!!!

HI All,
A very trying and awkward situation for one of my friends...
Feb 2002 - He applied for his I-485 AOS in CA
July 2002 - They were both on H1B & Got Married
Aug 2002 - He applies for her I -130
Sept thru Jan 2003 - (for 4months) she leaves him to see her folks for some family reasons in India
Feb 2003 - She starts threatening him that she would divroce him -also mentioning that she doesn't need him as her I-130 was already filed
May 2003 - She calls 911 with UNPROVEN threats to her life & Physical Abuse (COPS leave home without any charges & recommend her to go to Marriage counseling);
May 2003 - Leaves him & lives with a "social worker" - who gives her Evaluation as a "clinical social worker" TRYING to show evidence of (ALLEGED) mental cruelty (they are colluding)
- Files WRONGFUL/FALSE Complaints with POLICE about Physical Abuse - case not proven & closed
June 2003 - After trying invain to trace her, & to reconcile and After having had enough of her MANIPULATIVE ways, he filed for "no Fault" divorce; She responded (albeit falsely) with mental & physical cruelty under tort case (she is aiming for big money).

Aug 2003 - He is ALMOST there with I-485 (GC) approval
Her AOS will come through (in normal situation) by Nov 2003

NOW, WHAT are his options? OBVIOUSLY, she USED him to get GC. She is even searching for her next husband (just 20days after separation). Will she be able to file I-751 (removal of conditions) and/or I-360?

Any Advice regarding this matter is GREATLY appreciated.

Thank you,
 
Wasn't sure if Sachin addressed the options

HI Jim,
So what are the options? He is not a citizen. He will be LPR before Divorce proceedings finish.
IF he was on H1b (she was on H4) and he applied for her 130 (and affidavit of support for 485 dependent AOS), could she still claim 751 and/or 360? Can he just write a letter to BCIS about the divorce proceedings and express his intent to WITHDRAW previous affidavit of support?
As good samaritans we might all think for a second "why cancel her GC?" But, I can understand why he feels strongly about withdrawal of her GC. She entered the Marriage JUST to use him. So much for Indian Customs & Instant weddings. Now his life is spoilt. It is NOT easy to pick oneself up from the fall and get on with life.
Any thoughts on this? Your help is greatly appreciated.
 
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