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US Husand Abandons Me

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Old Dec 1st 2002, 3:18 am
  #1  
Barbara In Ky
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Default US Husand Abandons Me

Dear Group

I posted this earlier but it seems to have gotten lost. I need help
please. My US husband brought my daughter and I down to the US and
promptly abandoned us. We never lived together as man and wife. I
need to know what he is responsible for (he signed two forms stating
he is responsible for 10 years) and if he can be investigated for
fraud. Who do I contact????

Regards

Barbara
 
Old Dec 2nd 2002, 1:48 am
  #2  
Joe
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Default Re: US Husand Abandons Me

Sure, you have a case against him for visa fraud...but the flip side
is that you would instantly be deported!

Since you "never lived as man and wife", you would never qualify for a
visa. The financial supports paper he signed doesn't help you as it
only pertains to when you apply for welfare assistance, and then the
Government would go after your husband. But the INS would deport you
long before they go after your husband. I don't think you should boast
about "not living as man and wife" to the INS. You may have a case if
you had a bona fide marriage, and living together as man and wife for
at least 2 years, and he had filed a petition for you, in which case
you should file for removal of conditional permanant residence.

If you can prove spousal abuse, then there might be another avenue to
pursue.

I suggest you consult a competent immigration attorney!




[email protected] (Barbara in KY, formerly from Calgary, and now Separated After 2 1/2 yrs Wait) wrote in message news:...
    > Dear Group
    >
    > I posted this earlier but it seems to have gotten lost. I need help
    > please. My US husband brought my daughter and I down to the US and
    > promptly abandoned us. We never lived together as man and wife. I
    > need to know what he is responsible for (he signed two forms stating
    > he is responsible for 10 years) and if he can be investigated for
    > fraud. Who do I contact????
    >
    > Regards
    >
    > Barbara
 
Old Dec 2nd 2002, 3:29 am
  #3  
Nic
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Default

Barbara, I have no advice for you but just wanted to offer you my sympathy and hope that all goes well for you and your daughter from here on in. I'm sorry you were placed in such a precarious position.

Take care,

Nic

Last edited by Nic; Dec 2nd 2002 at 3:31 am.
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Old Dec 2nd 2002, 3:41 am
  #4  
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Default Re: US Husand Abandons Me

Joe

Why would they deport her? Not living together as husband and wife while she and her daughter were here in the US is not fraud. They were married for over 2-1/2 years and there might have been years that they did live together as husband and wife. A marriage is not just sex you know.

Rete


Originally posted by Joe
Sure, you have a case against him for visa fraud...but the flip side
is that you would instantly be deported!

Since you "never lived as man and wife", you would never qualify for a
visa. The financial supports paper he signed doesn't help you as it
only pertains to when you apply for welfare assistance, and then the
Government would go after your husband. But the INS would deport you
long before they go after your husband. I don't think you should boast
about "not living as man and wife" to the INS. You may have a case if
you had a bona fide marriage, and living together as man and wife for
at least 2 years, and he had filed a petition for you, in which case
you should file for removal of conditional permanant residence.

If you can prove spousal abuse, then there might be another avenue to
pursue.

I suggest you consult a competent immigration attorney!




[email protected] (Barbara in KY, formerly from Calgary, and now Separated After 2 1/2 yrs Wait) wrote in message news:...
    > Dear Group
    >
    > I posted this earlier but it seems to have gotten lost. I need help
    > please. My US husband brought my daughter and I down to the US and
    > promptly abandoned us. We never lived together as man and wife. I
    > need to know what he is responsible for (he signed two forms stating
    > he is responsible for 10 years) and if he can be investigated for
    > fraud. Who do I contact????
    >
    > Regards
    >
    > Barbara
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Old Dec 2nd 2002, 11:55 am
  #5  
Marilou920
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Default Re: US Husand Abandons Me

    >Subject: Re: US Husand Abandons Me
    >From: Rete [email protected]
    >Date: 12/2/2002 10:41 AM Central Standard Time
    >Message-id:
    >Joe
    >Why would they deport her? Not living together as husband and wife
    >while she and her daughter were here in the US is not fraud. They
    >were married for over 2-1/2 years and there might have been years that
    >they did live together as husband and wife. A marriage is not just
    >sex you know.
    >Rete
    >Originally posted by Joe
    >> Sure, you have a case against him for visa fraud...but the flip side
    >> is that you would instantly be deported!
    >> Since you "never lived as man and wife", you would never qualify for a
    >> visa. The financial supports paper he signed doesn't help you as it
    >> only pertains to when you apply for welfare assistance, and then the
    >> Government would go after your husband. But the INS would deport you
    >> long before they go after your husband. I don't think you should boast
    >> about "not living as man and wife" to the INS. You may have a case if
    >> you had a bona fide marriage, and living together as man and wife for
    >> at least 2 years, and he had filed a petition for you, in which case
    >> you should file for removal of conditional permanant residence.
    >> If you can prove spousal abuse, then there might be another avenue to
    >> pursue.
    >> I suggest you consult a competent immigration attorney!
    >> [email protected] (Barbara in KY, formerly from Calgary, and now
    >> Separated After 2 1/2 yrs Wait) wrote in message
    >> news:news:...
    >> > Dear Group
    >> >
    >> > I posted this earlier but it seems to have gotten lost. I need
    >> help
    >> > please. My US husband brought my daughter and I down to the US
    >> and
    >> > promptly abandoned us. We never lived together as man and wife.
    >> I
    >> > need to know what he is responsible for (he signed two forms
    >> stating
    >> > he is responsible for 10 years) and if he can be investigated
    >> for
    >> > fraud. Who do I contact????
    >> >
    >> > Regards
    >> >
    >> Barbara
    >--
    >Posted via http://britishexpats.com
I agree with Rete. One thing it's not even her fault if they don't live as a
husband and wife, he abandoned them, so how could they live together? it
doesn't make any sense isn't it? So the case will go to the husband not her.
 
Old Dec 2nd 2002, 12:32 pm
  #6  
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Default Re: US Husand Abandons Me

you have my deepest sympathy, barbara. i dont know much what you should do about your case, but please contact immigration attorney. and if you can please have some advise from your community, like church people maybe they have a good suggestions.

have a nice day,
anggraeni


Originally posted by Barbara In Ky
Dear Group

I posted this earlier but it seems to have gotten lost. I need help
please. My US husband brought my daughter and I down to the US and
promptly abandoned us. We never lived together as man and wife. I
need to know what he is responsible for (he signed two forms stating
he is responsible for 10 years) and if he can be investigated for
fraud. Who do I contact????

Regards

Barbara
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Old Dec 2nd 2002, 4:30 pm
  #7  
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Default Re: US Husand Abandons Me

Originally posted by Barbara In Ky <snip> My US husband brought my daughter and I down to the US and promptly abandoned us. <snip> Who do I contact????
"Came down to the US" suggests that you apparently have a visa that is associated with your marriage. If you entered into the marriage in good faith, and if you are abandoned by your husband, then my understanding is that you would not be deported. I believe that you should contact the INS sooner rather than later to ensure that the husband doesn't first claim that you married him and then left (which implies fraud on your part). However, before contacting the INS, you need some better advice, and I cannot give you anything more specific than this.
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Old Dec 3rd 2002, 4:28 pm
  #8  
Andrew Defaria
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Default Re: US Husand Abandons Me

Rete wrote:

    > Joe
    > Why would they deport her?

Because she lost her sponser and has no basis for a visa?

    > Not living together as husband and wife while she and her daughter
    > were here in the US is not fraud. They were married for over 2-1/2
    > years and there might have been years that they did live together as
    > husband and wife.

My understanding of the situation is that they were not married for over
2-1/2 years. Where did you see that? Ah I see - put it in her email
address! Silly me I was just reading the message... :-)

    > A marriage is not just sex you know.

No but as the INS usually measures it it is at least cohabitation.

    > Rete
    > Originally posted by Joe
    >> Sure, you have a case against him for visa fraud...but the flip side
    >> is that you would instantly be deported!
What would be the case against him for visa fraud? He is not the
beneficary of the visa therefore he is not the one being fraudulent.
Unless he is part of a conspiracy with her for the visa, which, as you
say, would disqualify her for the visa. She would have to admit to the
fraud and somehow show that he was in on it. IOW there would be some
prove required.

Also, the INS rarely goes after the US citizen for visa fraud unless
it's repeated or part of some sort of larger marriage fraud operation
(at least that's what I hear).
 
Old Dec 3rd 2002, 5:21 pm
  #9  
Shannon
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Default Re: US Husand Abandons Me

Originally posted by Barbara In Ky
Dear Group

I posted this earlier but it seems to have gotten lost. I need help
please. My US husband brought my daughter and I down to the US and
promptly abandoned us. We never lived together as man and wife. I
need to know what he is responsible for (he signed two forms stating
he is responsible for 10 years) and if he can be investigated for
fraud. Who do I contact????

Regards

Barbara
Barbara, while I sympathise with your anger and anxiety, I think your question is confusing or confused.

Surely, the place for you to resolve your husband's responsibility to you and your daughter is through a divorce proceeding. Regarding his application to sponsor your entry to the US as his spouse, i see no basis for fraud if you went into marriage on a genuine basis. If not, you commited the fraud as much as he.

The INS is more concerned to protect the rights of US Citizens, not those who are 'lucky' enough to gain entry to the US under spousal 'privilege' (sure, I don't feel that way, but it seems the way the law works).

If you are unhappy in the US, gather your stuff and go home. It does not sound as if you want to stay on account of this man.

By the way? What possible gain was there for him in bringing you to the US? That is the part I don't understand.

Shannon
 

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