how to get an annulment under fraud if my spouse left the country ?

[annulquest]

What is the name of your state (only U.S. law)?
CALIFORNIA

Hi everyone, I need to get an annulment under fraud, my spouse wanted to get a greencard only and left when I found out....
so she's back in her country and I'm legally married.
can I legally get an annulment under these circumstances ?

thanks!

 

[Proserpina]

What is the name of your state (only U.S. law)?
CALIFORNIA

Hi everyone, I need to get an annulment under fraud, my spouse wanted to get a greencard only and left when I found out....
so she's back in her country and I'm legally married.
can I legally get an annulment under these circumstances ?

thanks!

If you give us a timeline that will probably give a better idea of your options

When did you marry?

Did you file anything?

When did she leave?

 

[annulquest]

When did you marry?
september 13'
Did you file anything?
no
When did she leave?
december 13'

thanks !

 

[single317dad]

What is the name of your state (only U.S. law)?
CALIFORNIA

Hi everyone, I need to get an annulment under fraud, my spouse wanted to get a greencard only and left when I found out....
so she's back in her country and I'm legally married.
can I legally get an annulment under these circumstances ?

thanks!

According to the CA courts' website, green card fraud is specifically allowed as grounds for annulment. You have 4 years from the date you discovered the fraud to file.

http://www.courts.ca.gov/1037.htm

Fraud: Either party got married or registered the domestic partnership as a result of fraud. The fraud must have been about something vital to the relationship that directly affected why the party who was deceived agreed to the marriage or domestic partnership. Some examples are marrying only to get a green card or hiding the inability to have children.

Fraud: An annulment on grounds of fraud can only be filed by the person who was deceived. It must be filed within 4 years of discovering the fraud.

It is interesting, however, that the party married for their green card then left the country. That would seem to argue against that being the sole reason for marriage.

 

[OHRoadwarrior]

Make sure to call USCIS and advise they abandoned the marriage and went home. This should void their paperwork and the affidavit of support after it is successfully processed.

 

[Bali Hai]

According to the CA courts' website, green card fraud is specifically allowed as grounds for annulment. You have 4 years from the date you discovered the fraud to file.

http://www.courts.ca.gov/1037.htm





It is interesting, however, that the party married for their green card then left the country. That would seem to argue against that being the sole reason for marriage.

We are only being told what OP wants us to know. Surely the wife didn't admit to OP she only married for a green card. She could have made that admission anytime before the marriage.

 

[Proserpina]

Green card fraud is evidently not the issue here - given that she's gone home, and she has done so before anything was filed.

OP told us that nothing had been filed. Nothing filed = nothing to withdraw.

 

[LdiJ]

Green card fraud is evidently not the issue here - given that she's gone home, and she has done so before anything was filed.

OP told us that nothing had been filed. Nothing filed = nothing to withdraw.

She might since her spouse caught her out. She might not want to risk being barred from re-entry by being deported, and therefore chose to take the safer route of returning to her home country voluntarily, before her status changed.

Of course, its also possible that she intended to stay married originally, and just was not happy in the US.

 

[Proserpina]

She might since her spouse caught her out. She might not want to risk being barred from re-entry by being deported, and therefore chose to take the safer route of returning to her home country voluntarily, before her status changed.

Of course, its also possible that she intended to stay married originally, and just was not happy in the US.

?

It's a non-issue. She's gone. Nothing was filed.

 

[LdiJ]

?

It's a non-issue. She's gone. Nothing was filed.

I was assuming that she came in on a K-1. Obviously I could be wrong about that.