How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ely Your Own Question
Ely
Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 101985
Experience:  Private practice in several areas, including immigration
7286322
Type Your Immigration Law Question Here...
Ely is online now
A new question is answered every 9 seconds

I am in the military and am going through a divorce. I have

Customer Question

Hi there I am in the military and am going through a divorce. I have been married seven years and she came over to the us in 2010. She received her green card in 2012 and used my GI bill to finish her studies. She never wanted kids and now that she is graduating she filed for divorce. Shortly before filing for divorce she put in for citizenship. My concern is that it seems more and more that she used me for her green card and wants to continue to reap benefits from me. Can I file for an annulment based on fraud?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information only for educational purposes only, and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am very sorry to hear about this situation. One can try, yes. One of the grounds for annulment is fraud, or rather, a fraudulent act or misrepresentation which went "to the essence of the marriage."

If the Court is convinced that she married you only for immigration purposes, then it may grant the annulment. If so, USCIS may revoke her greencard (because if the marriage would be seen as void, so would her greencard based on said marriage).

However, I will say that this may be hard to prove to the Court.

Good luck.

I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.

Expert:  Ely replied 1 year ago.
Hello again. I am checking in because you have not rated positively. To me this means you may have another question. Please let me know – I am simply touching base. Thanks!

Related Immigration Law Questions