Go Back  British Expats > Living & Moving Abroad > USA > Marriage Based Visas
Reload this Page >

Re-marriage and conditional green card

Re-marriage and conditional green card

Thread Tools
 
Old Apr 24th 2006, 3:39 am
  #31  
Jackie
Guest
 
Posts: n/a
Default Re: Re-marriage and conditional green card

    > Hey, this guy got played for a sucker.


I have heard of marriages with Russian women that worked out good. Not
everyone marrying a Russian woman has to be a sucker.


    > The question is not whether or
    > not thew spouse should stay in the USA.


The question is can he do anything to prevent her from staying. I'm no lawer
and know nothing of cases like this, but it makes me really angry when I
read almost nothing can be done to kick the bitch out of the country and
back to Russia. And no - I'm not speaking of revenge. The US is already
loaded with criminals of all kinds, no new ones are needed.


    > The question which was being
    > addressed was whether or not it is worthwhile for this guy should spend
    > a lot of time and money when his payoff is zero in monetary terms.


On the other hand, if every cheated spouse acts the way you advise how on
earth will this type of problems disappear? Maybe if more spouses fought
back it wouldn't be so easy for cheaters to cheat and bear no consequences.


    > IMHO, this guy has only hi d**k to blame for allowing it to control
    > his brain.


Don't blame everthing on his d***k. Even if the guy was thinking with his
d***k, he still was CHEATED.The woman knew what she was doing and planned
the whole thing. If I dance naked in front of a man and get raped I can
blame myself, but that doesn't mean the man isn't a criminal and it is not
his fault. This Russian woman cheated the USCIS as well as her husband. The
USCIS doesn't think with its d***k ;)


Jackie
 
Old Apr 24th 2006, 4:00 am
  #32  
Account Closed
 
Joined: Sep 2002
Posts: 16,266
Folinskyinla is an unknown quantity at this point
Default Re: Re-marriage and conditional green card

Originally Posted by Jackie
[q1]>

The question is can he do anything to prevent her from staying. I'm no lawer
and know nothing of cases like this, but it makes me really angry when I
read almost nothing can be done to kick the bitch out of the country and
back to Russia. And no - I'm not speaking of revenge. The US is already
loaded with criminals of all kinds, no new ones are needed.


On the other hand, if every cheated spouse acts the way you advise how on
earth will this type of problems disappear? Maybe if more spouses fought
back it wouldn't be so easy for cheaters to cheat and bear no consequences.

Don't blame everthing on his d***k. Even if the guy was thinking with his
d***k, he still was CHEATED.The woman knew what she was doing and planned
the whole thing. If I dance naked in front of a man and get raped I can
blame myself, but that doesn't mean the man isn't a criminal and it is not
his fault. This Russian woman cheated the USCIS as well as her husband. The
USCIS doesn't think with its d***k

Hi Jackie:

Immigration aside, there have been two legal movements in the area of family over the last few decades -- to "no-fault" dissolution for one. The other is to perceive the domination of one spouse over the other as being a bad thing and a form of abuse.

It is your privilege to disagree with that, but it is the direction that law has been moving in for some time.
Folinskyinla is offline  
Old May 6th 2006, 11:08 am
  #33  
Banned
 
Joined: Feb 2005
Posts: 2,551
kiwichild has a reputation beyond reputekiwichild has a reputation beyond reputekiwichild has a reputation beyond reputekiwichild has a reputation beyond reputekiwichild has a reputation beyond reputekiwichild has a reputation beyond reputekiwichild has a reputation beyond reputekiwichild has a reputation beyond reputekiwichild has a reputation beyond reputekiwichild has a reputation beyond reputekiwichild has a reputation beyond repute
Default Re: Re-marriage and conditional green card

Originally Posted by snowbunny
Why always the revenge?

How many people turn in others for every possible infraction of the law?

Hell hath no fury like.....

Look -- there are a million ways a husband or wife can screw you over. They can give you an STD, they can leave you bankrupt, they can ruin your career.... and really, most of the above isn't illegal.

Adding the immigration angle just adds *one* more way you are vulnerable to your spouse's possible misbehaviour.

In any case of outrageous misbehaviour like this you:

1) get a divorce lawyer.
2) file a divorce.
3) have nothing to do with the other party.
4) let them deal with immigration.

I don't think that even annulling a marriage will release you from your I-864 obligations. We all make mistakes, some of them huge.

Persecuting your wife will actually make you look pretty nasty in divorce court. Having nothing to do with her is the better course of action.

Your acting responsibly and in a mature manner will get you a lot farther than looking for 'justice' or 'revenge.'
Excellent advice. A top post! Might also help to take what evidence you have of further intentions of this woman to play the same con again to a lawyer.
kiwichild is offline  
Old May 6th 2006, 3:04 pm
  #34  
BE Enthusiast
 
Joined: Feb 2005
Posts: 863
bionomique is a splendid one to beholdbionomique is a splendid one to beholdbionomique is a splendid one to beholdbionomique is a splendid one to beholdbionomique is a splendid one to beholdbionomique is a splendid one to beholdbionomique is a splendid one to beholdbionomique is a splendid one to beholdbionomique is a splendid one to beholdbionomique is a splendid one to beholdbionomique is a splendid one to behold
Default Re: Re-marriage and conditional green card

Originally Posted by Folinskyinla

1. Abuse of process -- you are correct are far as your statement goes. However, the graveman of abuse of process is use of the LAWFUL legal process for improper purposes. All I suggested was that there was a possiblity of such a claim
If the gravamen in an action to annul is that a USC claims he/she was fraudulently induced into marriage by an alien strictly for immigration benefits, isn't that proper use of lawful legal process?
Originally Posted by Folinskyinla
2. Default nullity -- I will not go into the distinction between "res judicata" and "collateral estoppel" -- however any state court judgement is NOT "res judicata" for immigration purposes simply because the DHS was not a party to the state action.
If I am understanding the legal foundation of your post then if a district court refuses to hear an action for annulment, and the matter becomes a contested dissolution of a marriage, isn't he US citizen spouse penalised? Although DHS was not a party to the marital dissolution and as such would not encounter res judicata, res judicata would bar any future fraud claim for the spouse, wouldn't it?
Originally Posted by Folinskyinla

"Collateral estoppel" only applies to facts actually litigated.
I usually recommend that my alien clients contest a nullity action. Although this brings in "collateral estoppel" if the alien loses...
Same situation here with a US spouse who feels he/she has been fraudulently induced into marriage. If the local court will not hear an annulment on the basis of fraud, and it results in a contested divorce, wouldn't the US citizen spouse be barred by the doctrine of estoppel from taking other actions against the spouse because the substantive issues and facts are the same and have been litigated already, perhaps to an unfavourable end for the US citizen spouse.

If I have understood your points correctly, I can see why *************** might be tempted to load both barrels of the gun.
bionomique is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off



Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.