Annulement or Divorce - Possible Fraud

[UnaMexicana 153]

Maybe its a Mexican thing or just my thing... but I would divorce his ### and never look back. I would not think of revenge less alone getting any money from such a despicable human being.

It is ultimately your decision... moving on is the only thing you will get something positive out of. Takes time but you will get there.

All the best,

UnaMexicana

[elmcitymaven 9,711]

Annulment is a common subject here and most times it is not possible, but something you need to discuss with your divorce lawyer.

I see a bad relationship but fraud would be very hard to prove and seemingly USCIS are unlikely to be that interested.

Strongly suggest you do whatever you need to do to protect your situation and let him sort out his immigration issues.

I don't know why annulments are bandied about as realistic options on here as much as they are. As Boiler says, it's a discussion to have with a divorce attorney. Proving fraud can be very difficult, unlike seeking an annulment on the basis of, say, incapacity due to age or bigamy. In most states, you will need to show clear and convincing evidence that you wouldn't have entered into the marriage but for the fraud. Can it be done? Yes, and some on VJ have successfully obtained an annulment. But means more money to attorneys, in general, than a divorce.

Divorce and move on, OP. Your soon-to-be ex is a piece of garbage. Leave him in the past. Good luck to you and your family.

[Shauna&Wael 211]

Maybe its a Mexican thing or just my thing... but I would divorce his ### and never look back. I would not think of revenge less alone getting any money from such a despicable human being.

It is ultimately your decision... moving on is the only thing you will get something positive out of. Takes time but you will get there.

All the best,

UnaMexicana

In theory, I would agree not to take money from such a horrible person. But practically speaking, I'm assuming she will need that money. And she will need any penny that she can get. The money will be used towards the children. Also, it's not completely out of the question that this man could change in the future, and would want to be in his children's lives. Taking that away from him honestly isn't her decision. Also, where's the accountability for his actions? There needs to be at least some. No one gets away scot-free.

[tuckin14 58]

From a purely immigration perspective, you cannot really "sue for fraud." I'm not sure there is such thing. Annulment is generally limited to cases where the marriage was essentially invalid at the start, such as incestuous, incapacity (a party was too young to marry, or too drunk), etc.

If you choose to, you can inform USCIS of anything you like. However, there will not be an adversarial hearing where you can present evidence and cross-examine him. USCIS will give the evidence such credibility as they deem appropriate.

Without any real basis for what I'm about to say, I think a letter like this would be much more effective if you focus on reasons his ROC petition does not meet the standards, like you did not live together, did not comingle funds, did not interact as a married couple, rather than saying he is a slimeball. First, immigration laws do not exclude slimeballs, they exclude people who married solely for the immigration benefit. Second, you have to sound measured and reasoned, not like a mere offended and jilted spouse.

We all make mistakes in relationships; blissfully none of mine resulted in children. Your real focus here should be your children and ensuring they have financial support and a father. I had the luxury of doing what I could to impede my ex-wife's removal of conditions (apparently successfully), but if we had children I think I would have supported her effort to remain in the USA.

[elmcitymaven 9,711]

From a purely immigration perspective, you cannot really "sue for fraud." I'm not sure there is such thing. Annulment is generally limited to cases where the marriage was essentially invalid at the start, such as incestuous, incapacity (a party was too young to marry, or too drunk), etc.

An annulment absolutely may be based on fraudulent misrepresentation that induced the plaintiff to enter into the marriage.

[Jawaree 717]

The other women lives in Canada, she is not in the US so no she is not an LPR.

Oh my bad....Annulment & show cite mental anguish (he blames you for the affair

the FB pics etc gather all that) The comment he marry you for papers (hear-say)

you could show as evidences....who knows, she is waiting for him to come to

Canada...after GC he'll go to her & get landing after he divorces you.Dump him

[NewBeginnings1 10]

Oh my bad....Annulment & show cite mental anguish (he blames you for the affair

the FB pics etc gather all that) The comment he marry you for papers (hear-say)

you could show as evidences....who knows, she is waiting for him to come to

Canada...after GC he'll go to her & get landing after he divorces you.Dump him

what is "get landing"

[Transborderwife 4,666]

what is "get landing"

Landing papers in Canada. Technically if he wants to live there illegally for a year he could get residency with her as a common law spouse as you can indeed do this without a divorce in Canada. Edited July 13, 2015 by Transborderwife