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| | Author | Topic: wrong intent in marriage | caughtinthemiddle
11/22/2003 | What can be done if USC spouse only recently discovered that circumstances and activities which occured in a marriage to an alien indicate that alien spouse DID NOT INTEND to remain married to USC for more than the required 2 years.I married an alien over 3 yrs ago, and he has filed twice for divorce in the past 2 years. The first petition for divorce was withdrawn by him, with his claims that he wanted to work on our marriage. He returned, but continued his adulterous affair all along. When it came time to file the joint I751 I was unsure, but he coerced me to sign it stating that if I didn't we would not have the chance to repair our marriage because he would be removed from the country. So I did, but within days after mailing it in he left to join his Mistress, and I haven't heard from him again, until a few weeks ago when I was ONCE AGAIN served divorce papers. Now, in retrospect I realize that the FIRST divorce petition was withdrawn by him becasue he must have learned that he had not satisfied the 2 year requirement. I know that BCIS requires certain evidence to prove BONA FIDE marriage, like cohabitation, joint assets and mingling of finances etc. but what if USC spouse learns while removal of conditions on GC is still pending, that spouse only intended to GET THROUGH the 2 years? We have such evidence, but that hardly defines what really went on with my alien spouse. What can be done? |
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| Re: | XX
11/23/2003 | You need to notify BCIS and let them know so he doesn't get his paperwork. They will revoke it. | | Re: | caughtinthemiddle
11/23/2003 | The marriage has been fraught with adultery on his part. When caught in adulterous relationship with another USC woman, alien immediately moved in with Mistress and they lived together for 3 months. Alien failed to inform BCIS that he had moved (required after 10 days) and filed for divorce from USC spouse. But alien withdrew petition for divorce after 3 months, and requested that he wanted to work on the marriage to USC wife and promised relationship with Mistress was over. This occured only 9 months into "conditional GC period". Despite USC spouse's request that alien and she take it slowly, and that he not move back into marital home, alien insisted, claiming that it was his residence and he had every right to live there. USC spouse wanted to be sure first that the affair with Mistress was over, before moving forward with alien in reconciliation. | | Re: | caughtinthemiddle
11/23/2003 | Alien returned to marital home, but secretly continued his adulterous affair with the Mistress all along, although USC wife was suspcious- too much contact with Mistress, business involvement between alien and Mistress which was in direct conflict with a business which alien and USC spouse owned; (emails sent between alien and Mistress which alluded to some sort of a scheme- all denied by both alien and Mistress). When USC spouse queried anything with alien as to the status of the marriage, alien would rage and accuse her of being too controlling and not trusting. USC spouse was put in untenable emotional situation by alien and his Mistress for a period of months. Mistress and alien lied to USC wife and deceived USC wife by denying any affair and activities so as to convince USC wife that marriage was intact and would be enduring (most of this is in written form). 3 months after alien returned to marital home, USC wife was still uncertain as to the bona fide intent of alien, and asked for more time, knowing that petition did not need to be filed for yet another two months. (Mistress later admitted to USC spouse that she required that the I751 be sent in at that time) but alien coerced USC spouse to sign I751 stating that he wanted marriage to work, and would begin to work on marriage after petition was filed and assets were placed jointly in his name, there was no other person in his life, and that if USC wife didn't file petition, there would be no chance to restore the marriage because he would be asked to leave the country. So USC under duress, mental and emotional, did sign but within days alien detached completely from USC spouse, and left to pursue relationship with his Mistress. Alien claimed to USC spouse that Mistress was his "future wife" and moved to a new address, without informing USC wife of his whereabouts. Alien left USC wife to meet all financial obligations of the marriage. | | Re: | caughtinthemiddle
11/23/2003 | USC wife has not heard from alien again, except for demands for more money and possessions. A few weeks ago, USC wife was ONCE AGAIN served divorce papers.
The PROBLEM is that alien thinks that he has satisfied the 2 year "conditional" period, but that two year period does not commence with marriage ceremony but on date he received the conditional green card, which he did not receive until one year after marriage. So, during the mandated "two-year conditional period", marriage has not worked at all, USC wife has now deduced that alien did not intend to be married alien and Mistress conspired to gain what alien needed from USC spouse, with false pretenses, and coersion.
USC wife knows that BCIS requires certain evidence to prove BONA FIDE marriage, like cohabitation, joint assets and mingling of finances etc., which now alien has by deception. But what if USC spouse learns while removal of conditions on GC is still pending, that spouse only intended to GET THROUGH the 2 years and manipulated USC wife to provide such documents? The marriage to alien seems now to USC spouse as only a convenience to gain immigration benefit, and although evidentiary documentation is now in alien's hands to file a waiver of I751, the marriage clearly was not BONA FIDE. Will alien and Mistress prevail in acquiring YET ONE MORE BENEFIT from the "used and abused" USC spouse? | | Re: | Joanne
11/24/2003 | Dear swissnut, cauthinthemiddle, whatever you want to call yourself. I see your posting this again and in other groups such as Yahoo. I'm sorry this happened to you, what a low life your ex is. As I and others have told you before you need to not only withdraw your application for this man but you need to contact INS to report him to their fraud dept. Failure to do so on your part will only continue to bring you grief.
Don't forget you signed a affidavit of support. Legally he can come back at you for money stating you arn't giving him any support. It will be his word against yours. You've gotten advise from us now you need to act on it and fast before he finds out he can do this!! | |
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