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socrateaser, Lawyer
Category: Family Law
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Experience:  Retired (mostly)
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I married a woman 1. years ago with who has one kid. They

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I married a woman 1. years ago with who has one kid. They came to the US as tourists to visit their relative. I loved them both. I applied for a green card for both of them. They got their Conditional GCs. But after marriage my wife didn't live with me but lived with her mom. Soon, her mom got really sick and died 5 months later. My wife moved to my place claiming she loves me. Now we live like a roommates. I want to end our relationship but know that my wife is not going to live the US just like that. If I file for the annulment - what type of consequences I will face (my wife will have only choise to file as abused wife so she will claim it in court). Give me a sincere answer please. I know one person who got in this situation and the court ordered him to give his wife his house and a car + $1200/month to support. Can it be a reality for me? I know my wife will probably be deported in a year by UCSIS but by that time I will lose my house and everything else. Pplease help
Submitted: 4 years ago.
Category: Family Law
Expert:  socrateaser replied 4 years ago.

If I file for the annulment - what type of consequences I will face (my wife will have only choise to file as abused wife so she will claim it in court)?

 

A: Okay, sincere answer. Under California law, annulment is almost never granted. You would have to show that you didn't know that you were getting married, or that your spouse was already married to someone else at the time you married. Otherwise, you will be getting a regular divorce, just like everyone else.

 

I know one person who got in this situation and the court ordered him to give his wife his house and a car + $1200/month to support. Can it be a reality for me?

 

A: Based on your described facts, your divorce will be straightforward, and if you are the spouse who earns income, then you may be ordered to pay your spouse support. Ordinarily, a one-year marriage is insufficient to warrant a significant spousal support award. However, if your spouse is allowed to remain in the USA, and since you signed an affdavit of support, the court is likely to require you to maintain support for your spouse until the requirements of that affidavit are satisfied -- meaning that your spouse become self-supporting.

 

I know my wife will probably be deported in a year by UCSIS but by that time I will lose my house and everything else.

 

A: This may or may not happen. If it does, then that could cause your support obligation to be terminated by the family court.

 

Note: if you really don't want to be in the relationship, then the sooner you divorce, the sooner your obligation for support will end. So, for a family law attorney referral, see: http://www.abanet.org/legalservices/lris/directory/main.cfm?id=CA and www.martindale.com.

 

Hope this helps.

 

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Customer: replied 4 years ago.

Can annulment be granted after my Affidavit of Support is withdrawn (that will terminate her status)? Meaning - they accept that she married me for a green card only. Can annulment be based on marriage fraud in CA? I really don't want to hurt her since I still love her (or love the illusion of good wife she created) but I need to protect myself (I know she doesn't love me).

We have been married for 1.5 years - what amount of support might I face? Is she the one who will get the house? Will I have to pay mortgage? Please help

Expert:  socrateaser replied 4 years ago.

Can annulment be granted after my Affidavit of Support is withdrawn (that will terminate her status)?

 

A: I think this is what you are looking for: A judgment of nullity/annulment based on fraud is warranted where one party's motive in entering the marriage was solely to obtain a green card (to acquire U.S. residency status) and he or she never intended to engage in sexual relations with the other or to meet marital duties. Marriage of Liu (1987) 197 Cal.App.3d 143, 156. So, if the USCIS determines that the entire marriage was based upon immigration fraud, then you win all the marbles.

 

We have been married for 1.5 years - what amount of support might I face?

 

A: Impossible to calculate without knowing everything about your financial circumstances and the marital standard of living. I would need you to disclose your federal income tax return -- you really don't want to do that in this public forum.

 

Is she the one who will get the house? Will I have to pay mortgage?

 

A: Unless she put a lot of her own money into the house, there is almost no possibility that your spouse would get the house. The marriage is far too short for that.

 

Hope this helps.



Edited by socrateaser on 6/1/2010 at 6:08 PM EST
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 34816
Experience: Retired (mostly)
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