The problem with a claim of fraud is that your friend will have to specify under penalty of perjury just what her husband said that she now deems fraudulent. She will also have to show that she would not have married him had he not made these statements.
There is at least one case (Marriage of Liu (1987) 197 Cal.App.3d 143) which says that marrying an American in order to obtain a green card amounts to fraud, but the citizen husband in that case did not know before the marriage that his bride-to-be only wanted a green card and did not plan to have sex with him or otherwise behave as if she were married to him. Her concealed intent was held to be a fraud, but my sense is that your friend's homme was quite open about his intent. I don't think the Liu case will apply to your friend's situation.
If he openly admitted he was only marrying her to get a green card, I'm not sure there is anything she can say that would prove he committed fraud unless she is willing to commit perjury, which could land her in prison for a while. Telling the truth about why they got married is also a potential problem since her actions were illegal and since the INS does not take such marriages lightly.
She might think she can show fraud by pointing to his unwillingness to carry his share of the load, but California courts have held that refusal to work after marriage does not amount to fraud, at least not for purposes of getting an anullment.
There are other issues she must deal with as well. For example, she may have acquired property since their marriage and, if it would have qualified as community property in a valid marriage, he will be able to claim a share of it.
She really needs to sit down with a lawyer and discuss her situation with him/her in detail. There is just no way this board can cover even the basics for her, since the basics apply differently in different situations.
-- Modified on 12/3/2004 6:10:51 PM
Hi all,
I hope it's OK to ask something non-provider related on this board. The situation is as follows: My American girlfriend did something really stupid (in hindsight, of course.) She married this French guy that we both know from Paris. He married her just so he could get a green card. He's proving to be a no-good low-life who loves to disco the night away while my girlfriend slaves all day long at a dog grooming facility. It's the usual story - she went to Paris, fell in love with an Olivier Martinez lookalike, invited him to come here, has been living with him, and he's just screwing around on her, taking her cash, getting odd jobs here and there, and making life sour and miserable for her. She's now regretting what she's done, since it's clear that he married her just for the green card (which he got a few months ago.)
I advised her to annul the marriage based on fraud. She doesn't have much money and I told her to go to a legal clinic. Things are complicated, they've had fights and now he's staying with a male friend for a while. He says he has no intention of coming back to their apartment. Now, I'm asking this question: If she is the petitioner and serves him with a summons and petition at his friend's house, does she have to include a response form together with said summons and petition or should he go get that himself? Also, what happens if he a) contests the fraud charge or b) ignores the summons completely?
Also, how long would it take for her to get a court date to go in front of the judge to tell her story? Also, she lives on the edge of BH (adjacent.) Which court should she file in? Downtown or Beverly Hills?
Thank you for any replies. I'm ashamed that a countryman would do such a thing. Worse is, I introduced them to each other. That makes me feel worse. Short of paying for her lawyer fees, I'd like to help her out of this mess as much as I can...
Thank you
Jacqueline
The problem with a claim of fraud is that your friend will have to specify under penalty of perjury just what her husband said that she now deems fraudulent. She will also have to show that she would not have married him had he not made these statements.
There is at least one case (Marriage of Liu (1987) 197 Cal.App.3d 143) which says that marrying an American in order to obtain a green card amounts to fraud, but the citizen husband in that case did not know before the marriage that his bride-to-be only wanted a green card and did not plan to have sex with him or otherwise behave as if she were married to him. Her concealed intent was held to be a fraud, but my sense is that your friend's homme was quite open about his intent. I don't think the Liu case will apply to your friend's situation.
If he openly admitted he was only marrying her to get a green card, I'm not sure there is anything she can say that would prove he committed fraud unless she is willing to commit perjury, which could land her in prison for a while. Telling the truth about why they got married is also a potential problem since her actions were illegal and since the INS does not take such marriages lightly.
She might think she can show fraud by pointing to his unwillingness to carry his share of the load, but California courts have held that refusal to work after marriage does not amount to fraud, at least not for purposes of getting an anullment.
There are other issues she must deal with as well. For example, she may have acquired property since their marriage and, if it would have qualified as community property in a valid marriage, he will be able to claim a share of it.
She really needs to sit down with a lawyer and discuss her situation with him/her in detail. There is just no way this board can cover even the basics for her, since the basics apply differently in different situations.
-- Modified on 12/3/2004 6:10:51 PM
eom
That reminds me - I really need to re-up my VIP membership so I can send/receive private messages. I was a VIP for only one month and that was about a year ago, so if anyone on this board has written me since then and thinks I am ignoring them they should know I have not seen their mail.
-- Modified on 12/9/2004 2:58:52 PM
If he has his green card, that means they have been married over three years. If married less then five years and there are no children and relatively modest assets and liabilities, try a California's "summary dissolution" procedure. [> Ca Fam § 2400 et seq.]
Forget the fraud annulment idea, it won't work, your friend thought she loved the guy enough to get married, even if he did not love her.
I assuem they had their interview and passed. Just have your friend emotionally, physcially (and legally)end the relationship.
I guess if she wants to get him in trouble, she can call "INS" and say, when I first married I loved him, but after XX months/ or less then 3 years, I wanted to divorce but he would not let me because he wanted a green card. That way she won't get busted but he gets the boot!
PS Sorry for the poor grammar, I'm bushed!
You have a complex situation here that needs a lawyer. 1st, you should realize that state family courts do not deal with the immigration issue, and immigration authorities don't deal with family disputes.
If you separate before being married less than 2 years, the CIS (old INS) will make some presumption of fraud on the part of the foreign national, though it may be easily rebutted.
Get yourself to a good lawyer, if it's worth it to you - and learn how the 2 issues (family and immigration) interplay, and decide what you want to do, and remember that not every dispute is the result of bad faith, or worth making more trouble over.
You are getting some good and some bad advise. Annulment is not going to work. That advise was good. Summary disolution will only work if both husband and wife agree to do it. If he is worthless just divorce him. You can file without an attorney helping you in either court that you mentioned. Have the court clerk help you with the summons and petition for divorce. The clerk can set up service by the marshall for a small fee. If you are really broke ask the court clerk for the papers to wave the filing fee. (Forma pauperis). This is a no fault state. the grounds for divorce can merely be irreconcilable differences.
Forget the INS. Just throw the bum out of your life. You can get the judgment six months after filing whether he responds or not.