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divorce or annulment

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Caliguy84

Junior Member
I live in California and this is my story. I met a woman a year ago we started dating 5 months ago seriously. She is from Serbia and things were great until about a month ago. I have fallen in love with this girl but we aren't living together and haven't been physical yet and she says she isn't ready to be physical because she was almost raped at a young age. Well 4 weeks ago she said her visa expires at the end of June and said the only way to stay with me here in the USA was to get married. We applied for our liscenae and one day she was come over to my host family's house. I went over and she was here is our marriage liscense. I have my host family here one is a minister and one is a lawyer as a witness. Sign this paper and we will have our reception later. Being a fool I signed the paper and they were like congratulations you're married now.

Its been 3 weeks now and she doesn't even act like she wants to be married, she is nice and sweet but haven't done anything physical yet , because she says she is not ready.

This is where the annulment comes in, she says once we get the immigration paperwork going, then she won't be as stressed and we can start to focus on our marriage. I feel now I was tricked into this marriage and that she is only with for her green card. I went into this marriage for love, but I don't think she is. I was wondering if this would be grounds for annulment in California? Also I know there are other ways to extend her visa, what would be the best way to end the marriage without hurting her chances in case she does have legitment feelings?

I just get the bad feeling that this is going to turn to fraud and I don't want to be in trouble for immigration fraud either. That's why I don't want to file the paperwork either because I feel that I am getting bribed, file the paperwork and then we can "focus on our marriage"

Thoughts? I don't have much money or assets so I would like to try and figure out the easiest and cheapest way to end this nightmare.

I appreciate any and all feedback
 


Caliguy84

Junior Member
additional information

I forgot to also mention what made me really suspicious is she invited me to her group of serbian friends that she meets with the other day for a party. I was thinking she has all these friends who have been through the process why couldn't they have found another process to extend the visa for her before the last minute.
 

Mass_Shyster

Senior Member
From what you describe, it certainly seems like she ONLY married you for the immigration benefits, and not for love.

What is YOUR immigration status? I notice you mention a host family, which is frequently associated with exchange students.

I suggest you refrain from signing any more documents unless advised to do so by your own attorney.
 

not2cleverRed

Obvious Observer
In addition to your immigration/citizenship status, how old are you? You are coming across as very young.

Marriage will not guarantee that she can stay in this country if USCIS (or whatever they're called) determines that the marriage is fake. Furthermore, if you are part of such a fraud You can get into legal trouble.

Get out of this marriage as quickly as possible. Have NO MORE contact with her, or she can also make up stories (like claim you abused her) and get permanent residency that way.
 

Caliguy84

Junior Member
I can't emphasize this enough, but as has already been intimated ... DO NOT SIGN ANYTHING pertaining to her immigration status.
Luckily for me it is still early in the process and NO immigration paperwork has been started. We were going to go to an immigration help place next Saturday to start the process but in light of all this new information, I think I am going to stop that process now.
 

Proserpina

Senior Member
Luckily for me it is still early in the process and NO immigration paperwork has been started. We were going to go to an immigration help place next Saturday to start the process but in light of all this new information, I think I am going to stop that process now.
That's an excellent idea, and I'm glad you're protecting yourself and getting out of what is clearly a marriage of convenience and fakery (for at least one person anyway).
 

Caliguy84

Junior Member
Yes, but I would hate to have to give her half my possessions if I filed for a divorce, since California is a 50/50 share state. That is why I was wondering if Annulment or Divorce was better
 

Zigner

Senior Member, Non-Attorney
Yes, but I would hate to have to give her half my possessions if I filed for a divorce, since California is a 50/50 share state. That is why I was wondering if Annulment or Divorce was better
That's not how it works. You may have to give her half of some (not all) things that you've acquired since the marriage occurred. Things that you owned before are still yours, and things that you are given as gifts, inheritances, etc., don't get split either.
 

Caliguy84

Junior Member
That's not how it works. You may have to give her half of some (not all) things that you've acquired since the marriage occurred. Things that you owned before are still yours, and things that you are given as gifts, inheritances, etc., don't get split either.
Only thing that was acquired since marriage was a car that I bought under my name and with my credit. Would I have to split that with her?
 

not2cleverRed

Obvious Observer
Look, you should worry LESS about how you are going to split your income and debts from the last 3 weeks and realize that the whole immigration issue is MORE IMPORTANT.

You thinking short term not long term.
 

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