Wife split!

[HiTech]

I mentioned before about the round table and shapes.  I think this is to avoid corners.  For some reason, corners were bad.  On the first day at our house, she hung wind chimes in the center of the house.  Something about evil spirits and breaking up the direct pathways though the house.  I remember on the first day she had brought a compass with her and was checking everything out in the house.  She made arrangements with small stones in certain patterns.  Then, what about all the trips to the Psychic?  I wonder what went on there?  Then I saw some intricate drawings with strange images arranged in a circular pattern.  Then there were the candles everywhere!  It seems liked every corner needed a candle.  They were even in the bathroom.  I mentioned before about the ribbons and bows.  All this seems like a cult or some kind of black magic.

After reading this,I have a very difficult time believing that your woman is a GCG first degree. You are now describing a lady very concerned with her current surroundings, and not planing on leaving in the near future. The arrangement of the house with a compass is very common in the Ukraine. My wife (man it is fun saying "My Wife") was even taught this in interior design school.

Wayne , a few of us here see some obsession on your wife currently leaving you, and also a desire to put her into the very very bad woman category.

If you can find a way to get over this, stop thinking of ways to make her pay, let it go, and concentrate only on what really is important to you, (I.E. divorce) you will be much better off.

[William3rd]

Just got back from an all day trial at the courthouse. . .  For those who choose to stand up and fight the scourge of the GCG, victory can be had.

Annulment granted based on fraud. Goodby to the Green card; hello to removal proceedings.

Had great facts. . . and a client who had faith in God.

[GoodOlBoy]

Congratulations William3rd!

Are you talking about Wayne's wife?

[Doll]

After reading this,I have a very difficult time believing that your woman is a GCG first degree.

This is what I said 90 pages ago.
 

I think wife already has collected enough “evidence” to support her petition to have the conditions removed on the green card.  Probably, there is nothing I can do to stop it.

So you ARE thinking of it. Let them do what they want, you take care of yourself.

[Vaughn]

Annulment granted based on fraud. Goodby to the Green card; hello to removal proceedings.

Well done, William. Since you've mentioned Rabie before, I decided to look it up and get familiar
with the ruling. If I may - here is what transpired...

In Rabie, the California court upheld an annulment that had been sought by an American appellant against her Iranian husband. The evidence before the court showed that the husband had spent time looking for a woman to marry him in order to secure a green card and that he married the plaintiff even though "he possessed a very low opinion of her." The marriage quickly disintegrated after the husband received his green card. The Court of Appeal found that the trial court did not abuse its discretion in granting the annulment. The court found that there was substantial evidence that the defendant husband never intended to fulfill any of his marital duties to his wife, "especially the duties to remain faithful to [her] and to remain married to her." It stated, "Where fraud is so grievous that it places the injured party in an intolerable relationship, it robs the marital contract of all validity."

[Russiangirl]

Apropos a similar report on "Toxic Wives" splitting the moment their rich husbands lose the money:

http://www.telegraph.co.uk/finance/financetopics/recession/3527803/Recession-When-the-money-goes-so-does-the-toxic-wife.html

Funny!!!

"Olivia and Richard had a set of beautiful and expensively conceived twins (we're talking around £30,000 worth of IVF treatments for the right gender – she joked how she would send them back if they were girls), a fabulous house, great holidays several times a year, two nannies and a lifestyle of which most of us lesser mortals could only fantasise.

How we laughed when Richard, with admiration in his voice, mentioned at a drinks party last year that he'd turned to his wife in the middle of the night and asked her if she'd still love him if he lost all his money.

''F--- no!'' had been her answer. Such a feisty, amusing (and obviously joky) response delighted him. But today he is scratching his head with abject dejection. She had meant it.

She left him the moment he lost his senior post at an investment bank and immediately hooked up with another rich man. "

[Misha]

Apropos a similar report on "Toxic Wives" splitting the moment their rich husbands lose the money:

http://www.telegraph.co.uk/finance/financetopics/recession/3527803/Recession-When-the-money-goes-so-does-the-toxic-wife.html

Funny!!!

Great article. I like this quote:

Yet Susie Ambrose thinks such women ''are like businessmen – utterly ruthless". The rich man is the career path, the meal ticket, and it doesn't matter how fat, old, balding or unattractive he is – it's solely about money.

''These particular women know how to fake love,'' adds Ambrose. ''They're actually very good at it.''

She now has a waiting-list for her life-coaching sessions – a course costs between £10,000-£60,000 – on how to distinguish a gold-digger from a genuine woman.

My question is how I get into this life coaching business  :evil:

[William3rd]

Congratulations William3rd!

Are you talking about Wayne's wife?

Nope- although alot of the same factors are present.

[William3rd]

Well done, William. Since you've mentioned Rabie before, I decided to look it up and get familiar
with the ruling. If I may - here is what transpired...

In Rabie, the California court upheld an annulment that had been sought by an American appellant against her Iranian husband. The evidence before the court showed that the husband had spent time looking for a woman to marry him in order to secure a green card and that he married the plaintiff even though "he possessed a very low opinion of her." The marriage quickly disintegrated after the husband received his green card. The Court of Appeal found that the trial court did not abuse its discretion in granting the annulment. The court found that there was substantial evidence that the defendant husband never intended to fulfill any of his marital duties to his wife, "especially the duties to remain faithful to [her] and to remain married to her." EVEN THOUGH HE IMPREGNATED HER. . . . It stated, "Where fraud is so grievous that it places the injured party in an intolerable relationship, it robs the marital contract of all validity."

The lines following in that opinion discussed equity. .  . this was part of the closing argument. Our case was not based in infidelity either, although a little of that was present. We were based in totality. Hopefully, they will appeal the case. I believe that Rabie would be expanded ever so slightly in scope if they do.

My understanding is that the loser is now planning to marry another USC but this will have little effect on the ultimate outcome of the case. However, keep in mind that the immigration part of this case is federal jurisdiction and we have a final judgment as to the marriage in state Court.

Any questions- feel free to ask.  Client feels that God set the tables right for her- maybe so.



THREE YEAR FOUR MONTH MARRIAGE.  Alien had received BOTH GC and had filing for NATZ

[Russiangirl]

My question is how I get into this life coaching business  :evil:

I know! Talk about the gravy train, eh? 

[William3rd]

Keep in mind that Rabie is interpreting FC 2210 (d). Fraud means that the marriage is voidable UNLESS THE WRONGED PARTY CONTINUES THE MARRIAGE. You dont get to put it in the bank and save it. Maybe that is a little sumthin' Wayne's nemesis' attorney told her. Get him to take you back after he knows what a creature you really are. . . . then you are styling, girl!!!!!!

2210. A marriage is voidable and may be adjudged a nullity if any of the following conditions existed at the time of the marriage:

(d) The consent of either party was obtained by fraud, unless the party whose consent was obtained by fraud afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband or wife.

AND HERE IS THE BEAUTIFUL PART!!!!!!!

2211. A proceeding to obtain a judgment of nullity of marriage, for causes set forth in Section 2210, must be commenced within the periods and by the parties, as follows:

(d) For causes mentioned in subdivision (d) of Section 2210, by the party whose consent was obtained by fraud, within four years after the discovery of the facts constituting the fraud.

Once he/she leaves, you got plenty of time.

However, this is all CA law. While it may be instructive to other jurisdictions wrestling with the facts of this case, it is the case law of CA.


 

[BC]

2210. A marriage is voidable and may be adjudged a nullity if any of the following conditions existed at the time of the marriage:

(d) The consent of either party was obtained by fraud, unless the party whose consent was obtained by fraud afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband or wife.

Wouldn't this be the case where one party (as in Wayne) attended the AOS interview, did not raise any objection although cognisant of the fraud and then continued to cohabit with the wife?

[William3rd]

No it would not. . .

The trigger would be the moveout and the subsequent revelations of infidelity. The INS interview and its finding is completely irrelevent.

The subsequent judgment of a state court concerning the validity of the marriage trumps whatever the INS decides- even in a battered spouse case. If there is no valid marriage, then the presence of abuse is irrelevent and the INS interview even more so..

[BC]

The subsequent judgment of a state court concerning the validity of the marriage trumps whatever the INS decides- even in a battered spouse case. If there is no valid marriage, then the presence of abuse is irrelevent and the INS interview even more so..

so.. would that in turn allow the INS decide validity of the marriage without considering any rulings at the state level?

In other words, regardless of what is decided at the state level, can she or he be allowed to successfully file for AOS?

[Doll]

http://www.nvo.com/beaulier/annulment/

[William3rd]

so.. would that in turn allow the INS decide validity of the marriage without considering any rulings at the state level?

In other words, regardless of what is decided at the state level, can she or he be allowed to successfully file for AOS?

NO-absolutely NOT!!!!

The first VAWA case that I lost involved an annulment based on fraud. Even then, INS found that there was sufficient evidence to support a VAWA claim but the UNDERLYING marriage was no more. Thus, no jurisdiction because the statute requires a marraige. And the finding of fraud. . .  . bye bye.

[BC]

NO-absolutely NOT!!!!

The first VAWA case that I lost involved an annulment based on fraud. Even then, INS found that there was sufficient evidence to support a VAWA claim but the UNDERLYING marriage was no more. Thus, no jurisdiction because the statute requires a marraige. And the finding of fraud. . .  . bye bye.

ahh... gotcha..

But was WAVA intended only for married women?  I thought otherwise..

[William3rd]

have to have a marriage- a valid marriage. K1s dont get it, for example. . .

1) USC or LPR 2) Legally Marries 3) Alien AND 4) DV (can be emotional) by the USC/LPR occurs. Threshhold factors.

Nullity means that the marriage never occurred- the USC VOIDS it. Which is why the GCG have to fight a nullity-it unravels everything for them. . . .

[BC]

So if I'm a TexMex pimp and smuggle a girl across the border, smack her around a bit it's ok and she eventually gets a GC..

But if I K1 a gal, smack her around a bit and the marriage is annulled she gets deported?

[William3rd]

If you are a TexMex pimp, smuggle her over, marry her, process her under the I130 so she comes back with a green card then smack her around, she can apply under VAWA which would seem rather convoluted and wouldnt be a problem if she likes getting the attention.
If you are TexMex pimp, do a K1, marry her, smack her around, she can apply under VAWA.
I am not sure what your relationship is to the TexMex pimp- I thought you were happily married in Spain to a Russian. . . or are you just trying to do an irrelevent analogy?
If you are a TexMex pimp, smuggle her over, dont marry her, then smack her around, she is SOL.

If you marry a GCG whether you are a TexMex pimp or not, and the facts are there, then you may have the oportunity to run the little "snake-oil salesman" out of town on a rail. Equity will set things right and a balance can be set with the falsehoods being corrected.  . . with the GCG back home where it belongs

[BC]

I am not sure what your relationship is to the TexMex pimp- I thought you were happily married in Spain to a Russian. . . or are you just trying to do an irrelevent analogy?

Not Spain, Italy..

Was just trying to see if there were parallels between US and EU laws.

As I understand it, a woman brought illegally into this country for purposes such as sexual slavery or otherwise mishandled by an IT citizen would not be forced to leave.  In other words, marriage would not be that relevant in the overall scheme.

[William3rd]

you are correct- There are S, T and U visas

S- Snitch visas- provide assistance to government investigations and prosecutions. That is what the El Monte Thai Factory Workers got.

T and U are the trafficking ones. Government still working those up but yes, the alien still would be allowed to remain in most cases.

I had a smuggled Mexican try to get under the auspices of those visas. However she was a straight "pollo". It requires that the prosecuting folks approve the filing and they wouldnt do it.

[Wayne]

I am glad to here about William3rd's case victory!  Sorry, but it was not mine.

Doll, thanks for the information about Annulment in Minnisota--but I live in Michigan!

I fould some information about the Michigan laws, which may be different for the state where you live.  I show them here:

Michigan Annulment Law
If you are not validly married, you may file a lawsuit requesting that the Court determine that your marriage is invalid.   Marriages are presumed to be valid.  Therefore, you must do more than just ask for an annulment; you must prove you are entitled to it.
Grounds for Annulment
    You were under age (under 16, or under 18 without permission of parent or guardian) when you married
    Bigamy (one of you were still married to someone else)
    You are too closely related or the same sex.   "A man shall not marry his mother, sister, grandmother, daughter, granddaughter, stepmother, grandfather's wife, son's wife, grandson's wife, wife's mother, wife's grandmother, wife's daughter, wife's granddaughter, brother's daughter, sister's daughter, father's sister, mother's sister, or cousin of the first degree, or another man."  MCL 551.3.  "A woman shall not marry her father, brother, grandfather, son, grandson, stepfather, grandmother's husband, daughter's husband, granddaughter's husband, husband's father, husband's grandfather, husband's son, husband's grandson, brother's son, sister's son, father's brother, mother's brother, or cousin of the first degree, or another woman."  MCL 551.4.
    Mental incompetence such that you were legally incapable of entering into a contract.
    Duress: you were forced into the marriage.
    Serious fraud which goes to the heart of the marital contract, which is clearly established.  (Possible examples:  your spouse knowingly failed to disclose he or she can't have children; concealment of criminal record of crimes of moral turpitude; you are the victim of immigration fraud).  This ground is the least clear, will turn on specific facts, and hardest to prove. 
    Concealed intent of your spouse to never have sexual intercourse.
    Inability to have children, found out after marriage, if case brought within 2 years.
    Marriage entered into as a joke.
    Person who performed ceremony lacked legal authority to perform marriages.
    Possible other reasons that go to the ability of a party to freely consent to marriage or otherwise affect validity of marriage.
The following are not grounds for annulment:
    Short term marriage:  it is a common misconception that if you change your mind about being married within a short period of time, you can get an annulment.  There is no "trial marriage" or "satisfaction guarantee" on getting married.  If you were validly married, you cannot get an annulment.  (But note:  if your spouse refuses to "consummate the marriage" or concealed something major, you may have a ground independent of the length of the marriage.)
    Your spouse just isn't the person you thought.  Fraudulent misrepresentation about wealth, social standing, fame, etc. are not grounds.  Failing to take the time to get to know your spouse before the marriage is not generally a ground.  (But note:  if the misrepresentation is severe enough, like your spouse concealing a conviction as a child molester, that may be sufficient fraud.)
Defenses to Annulment:   
There may be defenses to an annulment case other than an inability to prove grounds.  Depending upon the specific ground for annulment the defense of continuing to cohabit after you have learned of the grounds for annulment may be a defense.  This defense is not available for every ground for annulment.  Also, considerations of fair play may cause a Court to refuse to grant the annulment: for example, if you were complicit with or knew of the invalidity and elected to proceed with the marriage anyway.
Other Annulment Issues:
As with divorce cases, the Court may determine other issues and terms for the annulment.  For example, if you have a child, the Court can determine custody, parenting time, and child support issues.  If you have property and debts, the Court can order a property settlement.  Unlike divorce, you will not be eligible for alimony.  However, if you had alimony from a prior marriage, and have this marriage annulled, you may be able to go back and re-instate your former alimony award.
Filing For Divorce in the Alternative to Annulment:
Because annulment is a fault type proceeding and we might not be able to persuade the Court to grant the annulment, we usually will include a request for divorce as an alternative.  Therefore, if the Court does not grant the annulment, you would not need to start over with a new divorce case.
Annulment
Rarely, people seek an annulment in Michigan. An annulment invalidates a marriage. Each case is dependent upon its unique facts. Some marriages may be void from the start. Other may only be voidable. The grounds for an annulment are governed by statute and include incapacity to marry, such as insanity, bigamy, under age, or any type of fraud that goes to the heart of the marriage. A party seeking an annulment must not cohabitate with the other party after having discovered the grounds for the annulment of the marriage.
Annulments may also occur if a marriage is obtained by force or fraud.  Some examples would be where a wife fraudulently claims a man is the father of her child to trick him into marrying her, concealing the fact that one is a homosexual, failing to disclose the inability to conceive a child or concealing the fact at the time of the marriage that there is no intention to have sex with the spouse during the marriage.


Now you can pick and chose what you think applies to my case.  Remember, I have not said whether or not I am going this route.  In Michigan, a no-fault state, a divorce is much easier and cheaper.

[William3rd]

Even more important in dull's posting was the reference to immigration fraud in a case in New Jersey. The court declined to grant annulment based on immigration fraud because not enough evidence was presented. That means that New Jersey is a fertile ground.

BTW- the stuff you are posting is not the annotated code. You need to follow the case law behind the codes and see where the cases fall.

Keep in mind that EQUITY is a matter of fairness and allowing GCGs to remain is not fundamentally fair due to the dishonesty involved in their gaining status.

Keep in mind that our case  participants got married in early 2003 and separated in late 2206. Shorter marriages can even be better for annulments. . .

[Russiangirl]

Now you can pick and chose what you think applies to my case. 

Wayne, there's nothing on that list which applies to your case, IMO. Sorry.

If you're hoping to prove immigration fraud as grounds for annulment, think again. You're having trouble convincing this board your marriage was fraudulent. Think about a much higher degree of proof that the court will require. Same with withholding of sex. "Wife stopped sleeping with husband" is grounds for divorce, not annulment.

The facts that you presented so far indicate a woman who changed her mind AFTER the marriage, not the one who was planning to leave from the get go. JMHO.

I know it hurts. It's easy to lash out at those who betrayed us in response to breaking up. But ask yourself, do you want to be happy? Do you want a chance to make it right and find personal happiness? Then stop wasting your time on empty dreams of revenge. Look in the mirror instead, and try to honestly determine, what did YOU do wrong, and what can YOU do better, next time (for example, pick a woman better suited for you.)

Revenge is for suckers. The only ones who find happiness from it are lawyers. JMHO.

...that being said, if you 1) really believe and 2) can prove it was fraud, and if you 3) don't mind spending the money to try and prove it, then go for it. I don't think you have a case, but my opinion is based on very limited facts that you presented to this board. Maybe there's more to your story than you chose to share.