Annulment by default?

[bholabhala]

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

Here's what happened. I sponsored by wife to come to USA and we got married here in Dallas, TX. Soon after getting her conditional green card, she left and did an abortion (She was 3 months pregnant). I took the case to the court after hiring an attorney.

Now the citation has been served and the date to file an answer from defendant, my wife, is this coming Monday. I asked my attorney, what will happen, if she doesn't file an answer, doesn't hire an attorney and the only thing i was told by him was "This is very strange"....

I need to know, can my attorney setup a trial hearing and go to court, after the answer time has passed? Can we obtain default judgement on her, if she doesn't show up to the hearing or has no attorney representing her? If yes, then how would it work in Dallas County? How many days after the answer deadline passes, can we request a hearing? Is it a good idea to proceed with annulment, based on fraud (That is kinda tough to prove). I dont want to spend a whole lotta money on attorney fees, when the respondent is simply not answering to anything.

 

[Bali Hai]

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

Here's what happened. I sponsored by wife to come to USA and we got married here in Dallas, TX. Soon after getting her conditional green card, she left and did an abortion (She was 3 months pregnant). I took the case to the court after hiring an attorney.

Now the citation has been served and the date to file an answer from defendant, my wife, is this coming Monday. I asked my attorney, what will happen, if she doesn't file an answer, doesn't hire an attorney and the only thing i was told by him was "This is very strange"....

I need to know, can my attorney setup a trial hearing and go to court, after the answer time has passed? Can we obtain default judgement on her, if she doesn't show up to the hearing or has no attorney representing her? If yes, then how would it work in Dallas County? How many days after the answer deadline passes, can we request a hearing? Is it a good idea to proceed with annulment, based on fraud (That is kinda tough to prove). I dont want to spend a whole lotta money on attorney fees, when the respondent is simply not answering to anything.

You are aware that you are financially responsible for her whether you annul or divorce? If you get a default judgement, Uncle Sam will be tapping you on the shoulder and enforcing your agreement with the US government to take care of her. IF she is deported, you'll pay for that as well.

 

[bholabhala]

You are aware that you are financially responsible for her whether you annul or divorce? If you get a default judgement, Uncle Sam will be tapping you on the shoulder and enforcing your agreement with the US government to take care of her. IF she is deported, you'll pay for that as well.

None of what you wrote actually helps me with my questions. You are going way off on this one. I am asking what will happen if she doens't file an answer? Can my attorney obtain a hearing? What if she doesn't show up? Will this case drag along forever?

 

[Bali Hai]

None of what you wrote actually helps me with my questions. You are going way off on this one. I am asking what will happen if she doens't file an answer? Can my attorney obtain a hearing? What if she doesn't show up? Will this case drag along forever?

Ask her lawyer these questions, after all, you'll be paying them.

 

[Zigner]

Ask her lawyer these questions, after all, you'll be paying them.

Bali - your biases don't help the OP. At. All.

 

[LdiJ]

Bali - your biases don't help the OP. At. All.

No, they do not, but Bali is right in one respect. If he sponsored her he is technically on the hook to support her even if he gets an annulment.

 

[tuffbrk]

If proper service is proven, the judge can do as they please. On the other hand, they may grant a continuance if this is the first instance. My ex didn't show up 3 times before the judge in my NJ courts became annoyed.

 

[Bali Hai]

Bali - your biases don't help the OP. At. All.

I can't help OP and I'm not being bias. I'm telling him the truth with compassion.

He brought a foreign national here to the US, made an agreement with the US government to provide support to that person naming all his assets, married her and now wants to drag her through a US court for fraud, get a default judgement and proceed on his merry way with clean hands? Ain't going to happen!

He's going to need a team of lawyers on this one.

 

[FlyingRon]

Neglecting the immigration issue, even if she doesn't show in court that doesn't mean the annulment is granted. However as long as the poster makes a compelling argument that the marriage was unilaterally a fraud on the wife's part, it about to be voidable.

Kind of silly, she should have strung him out for a couple of years until she could get rid of the conditional restriction on the GC.

 

[Zigner]

I can't help OP and I'm not being bias. I'm telling him the truth with compassion.

He brought a foreign national here to the US, made an agreement with the US government to provide support to that person naming all his assets, married her and now wants to drag her through a US court for fraud, get a default judgement and proceed on his merry way with clean hands? Ain't going to happen!

He's going to need a team of lawyers on this one.

Fair enough...

 

[Bali Hai]

Neglecting the immigration issue, even if she doesn't show in court that doesn't mean the annulment is granted. However as long as the poster makes a compelling argument that the marriage was unilaterally a fraud on the wife's part, it about to be voidable.

Kind of silly, she should have strung him out for a couple of years until she could get rid of the conditional restriction on the GC.

Exactly, either the wife doesn't understand that the green card is conditional vs permanent -OR- there are important facts left out by the OP that prompted the actions of the wife.

 

[bholabhala]

Exactly, either the wife doesn't understand that the green card is conditional vs permanent -OR- there are important facts left out by the OP that prompted the actions of the wife.

Sure, here are the facts:

1. She got her conditional GC and started acting very aggressively, and i am talking about contiually arguing on everything, neglecting me and the house, being out of the house for almost half day everyday (she is jobless BTW).
2. Scolding my family members including myself and cursing us out
3. Killing my unborn child, my first child, who didn't even get a chance to defend him/her self
4. Stealing all the gold jewelry from my locker and from my sister's closet
5. And when i went to talk to her house, scolding me for one hour and cursing the **** out of me
6. and BTW, falsifying on her passport and ID cards about her place of birth and name

MR BALI HAI, you must stop being biased and assuming that i am the one who used her and now for some little reasons, suing her for annulment. I loved her and married her to settle a family, have kids, have a good life. Dude, is it too much to ask? If you cannot contribute without being biased, plz keep out of this thread... i will really appreciate your understanding in this matter.!

 

[ecmst12]

It's actually good that she did not have your child. Now you don't have to be tied to her for the rest of your life, trying to co-parent probably from 2 different countries.

Since the green card is conditional, if the condition is on their marriage, and their marriage is dissolved, then the green card should also go away. I don't know if she'd have to return to her country at that point or not. Proserpina might know more.

But really, you have an attorney. You need to be asking your attorney these questions. No one here is going to know the situation better than him.

 

[Proserpina]

Wifey can absolutely apply to have the conditions removed by herself; she is petitioning this time, not him. His importance (at least in terms of the obligation/immigration matter) became negligible the very second she got the conditional residency.

All she has to do is support the claim that she entered into a bona fide marriage. The burden of proof will be on OP to show otherwise.

If the initial application had not yet been adjudicated, it would be difference because OP would have been able to withdraw the petition which of course essentially kills the I-864.

It's too late now.

(Because I don't see anything actually qualifying for annulment. Divorce, yes. But not annulment)

 

[ecmst12]

If, somehow, he DID manage to prove the marriage was fraudulent, would he be able to get his sponsorship cancelled?