I met a girl last year outside the country and married her and got her
into the country on a Employment based Green Card. However she
abandoned me within 1 month of comming into the country. I tried
several ways to locate her ad finally found that she is living with
some family in another state and does not want to talk to me. I feel
defrauded because it does appear that she had no intent to enter into
a valid marraige with me except to gain entry into the country. The
following are the facts:

1. Married me in may 2001 but made a pretex of \'some work\' outside
the country not to come with me on a temprory visa and asked me to
send her the Green card papers.

2 Came to the country only on getting the Green card 

3. Lived with me for 1 month and then left me on pretex of \'some
work\' outside the country

4. Rentered country but never contacted me and refused to see me when
i traced her down.

5. Openly stated (have witnesses) that I have Green card so I dont
need you.

6. Never allowed marraige to be consumated, possibly due to
inability/unwillingness to have sexual intercourse.

7. I hired a private investigator and found that her family is
involved in major tax fraud in the old country and were looking for a
way to move money to US out of the old country. I may have been caught
in their fraud scheme.


Can I file for anullment based on fraud ? I realise there is a lot of
burden of proof on me but I feel totally defrauded by this indivudual.
How can i approach INS and get her deported.
Thanks.

gandhi1234,

First off, I would like to say I am sorry you are in the situation you
are in.  That being said, you do have some things you can do as it
pertains to her immigration status.  I would like to remind you that
answers and comments provided on Google Answers are general
information, and are not intended to substitute for informed
professional legal advice. You should contact an immigration attorney
for advice pertaining to your case.  I would like to add that I was
married to a non-American citizen and went through the process of
getting her permanent resident status.

In 1986, Congress passed the Immigration Marriage Fraud Amendments
(IMFA), also known as Public Law 99-639, to counter the problem of
immigrants entering into sham marriages to receive priority
immigration status.  Under this act, "a woman petitioning as an
immigrant spouse is admitted as a "conditional" resident alien after
her initial petition is approved.  conditional status is contingent
upon her ability to maintain a valid, two-year marriage."  THE
IMMIGRATION MARRIAGE FRAUD AMENDMENTS: SHAM MARRIAGES OR SHAM
LEGISLATION?, Florida State Law Review,
http://www.law.fsu.edu/journals/lawreview/frames/243/jonefram.html

From what you have said, it appears your wife was granted a
conditional resident alien status which expires after two years.  The
petition to have the conditional status waived must be made within 90
days of the two year anniversary of your wife receiving the
conditional status.  Again, you need to contact an attorney, but from
it sounds, from your question, that she was granted a conditional
status which will expire in 2003, at which time if a final interview
is not conducted by INS, she will be eligble for deportation.  You, as
the US citizen, would be required to file the paperwork with the INS
and attend the interview with your wife.  If the INS determines that
the marriage was entered into with the purpose of getting the alien's
entrance entry into the US, or has been annulled or terminated or was
the result of payment to file the immigration petition, the INS will
terminate the resident status and the alien will be subject to
deportation proceedings.

Regarding annulment, you will have to check with an attorney regarding
the invalid marriages laws in your state.

Again, I can't stress enough that you contact an attorney regarding
your situation.  I am not an attorney and all the information provided
within this answer is based upon how I, and others, have read the
immigration laws.  I do hope this information has helped and if you
need any additional clarification, please let me know.

Regards,

-THV

Search Strategy:
marriage fraud immigration
Immigration Laws

References:

IMMIGRATION AND NATIONALITY ACT
http://www.ins.usdoj.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-21?f=templates&fn=document-frame.htm#slb-act

United States Immigration and Naturalization Service
http://www.ins.usdoj.gov/graphics/index.htm

Florida State Law Review
http://www.law.fsu.edu/journals/lawreview/frames/243/jonefram.html