Please help

I

immigrant27

Registered Users (C)
My husband and I got married in August 2, 2008. At the end of September, I found out that he is cheating on me with his ex girlfriend. I went crazy and told him that I am going to deport him. At that time, we filed petition but did not hear anything back for INS. He fough physically, I had a lot of brusing on me. I told him I would be filling for Order of Protection, but I did not mean it I just wanted to hurt him. However, the next day he went to the police and filled a police report stating that I was physically abusing him. I am 115 5'2 and he is 180 5'11. Then he would come home and would tape record me for hours where I was crying and telling him all the mean stuff while he was collected and nice. Then he asked me to give him another chance, and I did not want to. But he lost his job and I felt bad for him and decided to take him back. In February of this year, we went to an interview and he got his temporary green card. I found him again calling his ex. I finally left for good and thinking about filling for annulment on the gounds of fraud. He missrepresented his feeling towards me and fraudulently talked me into marrying him. However, he is telling me that I can do nothing about it and I am the one who has more to lose but he won't be in trouble for anything. He told me that he spoke to several attornies and they all told him and if I would do something like that I would be in trouble b/c before I married him I knew that he was illigal and I knew that he was in previous relationship. Please anyone help me. I just do not know what to do.
 
File for annulment due to fraud. The worst they will do is deny it and you file for divorce. He will have to prove he married in good faith ESPECIALLY if you file for annulment (that will make it harder for him to get it) to get his 10 year green card on his own. You should also write a letter to the interviewing officer if you have PROOF he married you fraudulently.

If he did tape you it doesn't matter. In most states it's illegal to tape record people without their permission.
 
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Also, no lawyer would tell him that. you can't get into trouble for filing for annulment or divorce. They don't care if you knew he was illegal, and he has to prove it either way it doesn't matter. He sounds like a complete moron.
 
Just move on to bigger and better things. If I believed everything you said I think your husband set himself up good for a battered spouse defense. He has police reports, recordings of you verbally and emotional abusing him. Since he lives in the home with you, he had every right to record what happening in that house and it is not illegal. If you can get an annulment then he might lose his GC but if you can not just move on
 
Actually it IS illegal in some states. I looked into it because I wanted to tape my ex husband threatening me before our divorce, and if I did it without his knowledge especially in our home, it was against the law to use it without his consent.
 
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You are confusing illegal and inadmissible. If it is exonerating evidence it will be allowed but it can not be used for conviction. There are many legitimate reasons for home owners to have recorders in thier house.
 
No, I'm not. According to everything I've read, it is ILLEGAL in at least 12 states to tape record a person with the intent of using it, in person and on the phone without their consent.
 
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Immigration law is federal law and federal statutes allow one party consent to record conversions. What that means is one party can record the other party without the other parties knowledge. To put this in context the OP's husband can and most likely will present the evidence he has when removing conditions.
 
At the same time, he'd have to prove it was her because they won't say ok here is some random woman saying things on a tape, here's your green card!
 
DO NOT listen to those people who tell you to move on to better things and to forget about it and life it too short, bla bla bla bla..DO NOT listen to that crap and don't take crap from no one. Make sure no matter how hard it is or how long it takes, you get him deported... DO IT !!!
 
MoM1211, you are correct...

AzBLK, you are wrong, you cannot just tape record people for whatever reason without their permission..this is America, not a third world country !!!
 
roxy2009 said:
MoM1211, you are correct...

AzBLK, you are wrong, you cannot just tape record people for whatever reason without their permission..this is America, not a third world country !!!
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Roxy You need to understand that immigration is governed by federal statutes. Federal law allows recording of phone calls and other electronic communications with the consent of at least one party to the call. A majority of the states and territories have adopted wiretapping statutes based on the federal law, although most also have extended the law to cover in-person conversations. Thirty-eight states and the District of Columbia permit individuals to record conversations to which they are a party without informing the other parties that they are doing so. These laws are referred to as “one-party consent” statutes, and as long as you are a party to the conversation, it is legal for you to record it.
 
Thank you all for your support. I live in "one-party consent" state, South Carolina. I went to an attorney yestarday, and he agreed to represent my case. I am filing for an annulment. I have his phone bills where he was constantly talking to her through text messages. He even called her while we were on our honeymoon :(. My attorney told me that it is a stratch but I just want to try. Also in my state, we have to be separated for 1 year before we can get a divorce. That would be soooo bad if I would have to be married to him for another year. As to the recordings, he gave me those recordings. I actually have tape recorder, but I really cannot trust him again. No one knows, may be he has other recordings or re-recorded the same to the other tape and kept it just in case. I cannot believe that someone would use another person in such a bad/mean way. I trully believe what goes around comes around. I would never do something stupid again and trust another person that is illigal in US.

Are you all sure that if I would get an annulment, he would be deported?
 
immigrant27 said:
Thank you all for your support. I live in "one-party consent" state, South Carolina. I went to an attorney yestarday, and he agreed to represent my case. I am filing for an annulment. I have his phone bills where he was constantly talking to her through text messages. He even called her while we were on our honeymoon :(. My attorney told me that it is a stratch but I just want to try. Also in my state, we have to be separated for 1 year before we can get a divorce. That would be soooo bad if I would have to be married to him for another year. As to the recordings, he gave me those recordings. I actually have tape recorder, but I really cannot trust him again. No one knows, may be he has other recordings or re-recorded the same to the other tape and kept it just in case. I cannot believe that someone would use another person in such a bad/mean way. I trully believe what goes around comes around. I would never do something stupid again and trust another person that is illigal in US.

Are you all sure that if I would get an annulment, he would be deported?
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There are no guarantees what the USCIS/ICE will do, they may or may not try to deport him.
The BIA has ruled that an annulment be treated as a divorce unless there is fraud or willful misrepresentation involved.
It will be very hard for you to prove the former or latter based on a phone bill that shows he was in touch with her by text message or called her on your honey moon. Your will not be able to show what the content of those text messages or phone call was. Like your lawyer said it is a stretch getting an annulment based on what you have and even if you do get one the USCIS may or may not deport your husband.
 
File for annulment based on fraud. If it's granted, he can't get his 10 year card and he will be deported after he goes to court, and he'll have a fraudulent marriage in his history, making it so any other woman he marries here he'll have to prove it was in good faith I imagine. I'm quite sure the courts have seen "married for a green card" cases and have granted annulments based on those cases. It's so common, it's sad.
 
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MOM1211 said:
File for annulment based on fraud. If it's granted, he can't get his 10 year card and he will be deported after he goes to court, and he'll have a fraudulent marriage in his history, making it so any other woman he marries here he'll have to prove it was in good faith I imagine. I'm quite sure the courts have seen "married for a green card" cases and have granted annulments based on those cases. It's so common, it's sad.
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And what proof will she have that he married her just for a green card? That he was texting his ex while still married to her? that he called his ex while on their honey moon? Good luck getting an annulment on those grounds let alone him getting deported. The only place this is going to lead is more heart ache , more time and money being wasted and an almost zero chance that she will achieve his deportation. She needs a lot more proof than she seems to have to prove her case.
And yes am sure the courts have also seen a lot of cases where jilted spouses accuse the other party of "getting married just for green card" when the marriage fails. I mean when you even think of it the OP stated that when she found out he was cheating on her in September, she told him "she would deport him" . the first thing she thought about was deport him, not how we save our marriage or counseling or even divorce.
Now I do not know exactly what happened in this case but in my opinion this is just a case of jilted lover becoming vindictive after the marriage is failing or has failed.
The best chance she had was she says she found him cheating in September but she forgave him and went to the interview with him.
 
AzBLK, seems to me you got your green card the same way this criminal did, is that why you are defending him so badly?
 
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