Need Some Info

[rhegie1960]

What is the name of your state? California

I came to the US on a tourist visa March of 1994. I met my wife (US Citizen) and got married before my 6 months visiting period expires. Undergoes Immigration process to change my status from tourist to a conditional residence status. After 2 years of marriage, I filed a petition to removed my conditional status and was granted a permanent residence status this year. We petitioned my kids and was granted approval and just recently they came in to join me here in the US. My kids received their permanent residence card already after 2 weeks of arrival. My wife and I were separated for almost 1 1/2 yrs. now.

Lately, my wife file a petition for Nullity of Marriage based on California Family Code 2210d which states as follow;

(d) The consent of either party was obtained by fraud, unless the
party whose consent was obtained by fraud afterwards, with full
knowledge of the facts constituting the fraud, freely cohabited with
the other as husband or wife.

My questions are... will I and my kids be deported due to this petition? Do I need to respond to her petition?

Thanks.

 

[LdiJ]

What is the name of your state? California

I came to the US on a tourist visa March of 1994. I met my wife (US Citizen) and got married before my 6 months visiting period expires. Undergoes Immigration process to change my status from tourist to a conditional residence status. After 2 years of marriage, I filed a petition to removed my conditional status and was granted a permanent residence status this year. We petitioned my kids and was granted approval and just recently they came in to join me here in the US. My kids received their permanent residence card already after 2 weeks of arrival. My wife and I were separated for almost 1 1/2 yrs. now.

Lately, my wife file a petition for Nullity of Marriage based on California Family Code 2210d which states as follow;

(d) The consent of either party was obtained by fraud, unless the
party whose consent was obtained by fraud afterwards, with full
knowledge of the facts constituting the fraud, freely cohabited with
the other as husband or wife.

My questions are... will I and my kids be deported due to this petition? Do I need to respond to her petition?

Thanks.

No, you and your kids already have permanent residence status. Therefore a divorce or even an annulment will not cause you to be deported.

Yes, you need to respond to the petition.

 

[rhegie1960]

Thanks so much Mr. Ldij

 

[SHORTY LONG]

No, you and your kids already have permanent residence status. Therefore a divorce or even an annulment will not cause you to be deported.

Yes, you need to respond to the petition.

LdiJ, respectfully, if she is asserting fraud, will this not bring into question whither
or not the visa & marriage were under such pretext?

 

[CJane]

LdiJ, respectfully, if she is asserting fraud, will this not bring into question whither
or not the visa & marriage were under such pretext?

It depends on what the fraud allegations specifically ARE - but still extremely doubtful that after over a decade as a permanent resident, and with children who were granted permanent residency, that revocation of status would happen.

Also, it's nearly impossible to get an annulment - and VERY expensive - even for a short term marriage. This marriage is more than 10 years... she would have to prove that the fraud was kept a COMPLETE secret from her until AFTER they separated 18 months ago and she has not cohabitated with him AT ALL since she discovered this alleged fraud.

 

[SHORTY LONG]

It depends on what the fraud allegations specifically ARE - but still extremely doubtful that after over a decade as a permanent resident, and with children who were granted permanent residency, that revocation of status would happen.

Also, it's nearly impossible to get an annulment - and VERY expensive - even for a short term marriage. This marriage is more than 10 years... she would have to prove that the fraud was kept a COMPLETE secret from her until AFTER they separated 18 months ago and she has not cohabitated with him AT ALL since she discovered this alleged fraud.

Thank you CJane. I was just a wondering, given the way Immigration is today in time.

 

[LdiJ]

LdiJ, respectfully, if she is asserting fraud, will this not bring into question whither
or not the visa & marriage were under such pretext?

It still would not effect his permanent residency. Once that is given, its permanent, barring any serious criminal activity. If she is asserting fraud for the purpose of getting an annulment, that is not criminal, unless it would be something like being a bigamist, and the DA chose to prosecute.

 

[SHORTY LONG]

Thank you LdiJ. It always raises a flag to me when fraud arises for inserting a claim.

 

[rhegie1960]

It still would not effect his permanent residency. Once that is given, its permanent, barring any serious criminal activity. If she is asserting fraud for the purpose of getting an annulment, that is not criminal, unless it would be something like being a bigamist, and the DA chose to prosecute.

I'm sorry Ldij there's a typo error on my part it is supposed to be March of 2004 not 1994. Again, will this be a problem for me and my kids?

 

[CJane]

I'm sorry Ldij there's a typo error on my part it is supposed to be March of 2004 not 1994. Again, will this be a problem for me and my kids?

What sort of fraud is she alleging?

 

[rhegie1960]

To tell you frankly, i don't know. what's on the petition paper was petition for nullity of marriage based on Calif. FC 2210d. This was the ammended petition.

The first petition paper i received states that petition for dissolution of marriage based on Irreconcilable differences.

I'm sure she is doing this for money. Any suggestion that you can give is much appreciated.

 

[LdiJ]

I'm sorry Ldij there's a typo error on my part it is supposed to be March of 2004 not 1994. Again, will this be a problem for me and my kids?

No, you have permanent residency status. A divorce or annulment does not effect that. If your status was still conditional it could effect you, but not when its permanent.

Again of course, that is assuming that you have not committed a serious crime....and are convicted of the crime.

 

[rhegie1960]

so, I need to fill-up FL-120 for the response for this petition. Do i need to put the same allegation or respondent request of dissolution of marriage on irreconcilable differences?

Also, do you recommend getting a lawyer for this scenario or can I do it by myself by just responding to her petition?

Thanks

 

[LdiJ]

so, I need to fill-up FL-120 for the response for this petition. Do i need to put the same allegation or respondent request of dissolution of marriage on irreconcilable differences?

Also, do you recommend getting a lawyer for this scenario or can I do it by myself by just responding to her petition?

Thanks

I would strongly recommend that you hire an attorney.