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I do believe that my marriage was fraud married for almost…

Customer Question
I do believe that...

I do believe that my marriage was fraud married for almost 13years he got his us residences through me. And citizen through me 2014

Lawyer's Assistant: What steps have you taken? Have you filed any paperwork with the U.S. government?

For what??

Lawyer's Assistant: Have you talked to a lawyer about this?

No I haven't

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't have any money

Submitted: 9 months ago.Category: Estate Law
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Answered in 2 minutes by:
11/13/2017
Estate Lawyer: ScottyMacEsq, Attorney replied 9 months ago
ScottyMacEsq
ScottyMacEsq, Attorney
Category: Estate Law
Satisfied Customers: 18,171
Experience: Licensed Texas General Practice Attorney
Verified

Thank you for using JustAnswer.

I'm sorry to hear about your situation. Can you tell me what your question is?

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Customer reply replied 9 months ago
I just found out he didn't married me for me and he got his citizenship through me can he get into trouble and what are my rights
Estate Lawyer: ScottyMacEsq, Attorney replied 9 months ago

To be clear, you were together 13 years? When did he get his green card? When were conditions removed?

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Customer reply replied 9 months ago
He got his residence in 06
Estate Lawyer: ScottyMacEsq, Attorney replied 9 months ago

Have you been residing together the entire time? How have you learned that it was just for citizenship? And why (do you think) he stayed with you after receiving his permanent residence?

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Customer reply replied 9 months ago
I don't know about the green card i know he got his us citizen through me in 2014 and i just found out he didn't married me for me after he was arrested on mother's day of this year for demestic violence and inreturn da drop the charges against him and he hire a attorney and filed a faults temporary demstic violence restraining order and took mychildren from me
Estate Lawyer: ScottyMacEsq, Attorney replied 9 months ago

I understand, but how do you know that he didn't marry you for you but just citizenship?

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Customer reply replied 9 months ago
He was arrested in 2006 for a felony
Customer reply replied 9 months ago
I have prove
Estate Lawyer: ScottyMacEsq, Attorney replied 9 months ago

What do you mean by "yes"? I asked how you know, not whether or not you have proof...

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Customer reply replied 9 months ago
He wrote up in the dv100
Customer reply replied 9 months ago
He makes fun of my disability and how i was raised
Estate Lawyer: ScottyMacEsq, Attorney replied 9 months ago

What specifically did he write in the DV100? Did he actually say in that filing that he married you only to become a citizen?

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Estate Lawyer: ScottyMacEsq, Attorney replied 9 months ago

Apologies for all the questions, but I'm only asking because they're relevant.

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Customer reply replied 9 months ago
I try to send file
Customer reply replied 9 months ago
No he doesn't say he married for citizen ship he puts me down as a human
Estate Lawyer: ScottyMacEsq, Attorney replied 9 months ago

I received one page of the filing. Where is the evidence that you point to that indicates that he married only for citizenship?

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Customer reply replied 9 months ago
I went through years of demistic violence
Estate Lawyer: ScottyMacEsq, Attorney replied 9 months ago

I understand. But your question is about immigration marriage fraud, not domestic violence, correct?

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Customer reply replied 9 months ago
He pits down how i have a learning disabilities and say it a lack of education and makes fun of who raised me
Customer reply replied 9 months ago
Correct
Estate Lawyer: ScottyMacEsq, Attorney replied 9 months ago

I understand that he's a complete jerk. But my question is about what proof you have that he married you for citizenship, rather than for love? What proof do you have of that allegation?

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Customer reply replied 9 months ago
Down grading me as a human being and who raised me is not marriage of love
Customer reply replied 9 months ago
He used me and stole my lump sum of cash I got from my mom death to this
Customer reply replied 9 months ago
Down grading how a person is born and he knew I didn't drive if he loved me none if this matter
Estate Lawyer: ScottyMacEsq, Attorney replied 9 months ago

In my practice I encounter a number of individuals that are or have gone through divorces and other breakups, that now can't say a single nice thing about one another, that were both citizens and the only indication was that they originally got together for love. In other words, currently they only say bad and insulting things about each other, but all indications were at the time of the marriage they were in love.

To prove marriage fraud, it doesn't matter what the state of your relationship is now. What matters is what it was at the time of the marriage. For example, if you can show that he was already married and maintained a relationship with his "first spouse" during your marriage, and that the only reason marrying you would be for citizenship, that would be such proof. Or if he made actual statements (under oath) to this effect. But even if he told you that he married you only for citizenship, that might be something said only to hurt you. Again, I assume that he is a complete jerk. But the question is what proof do you have that he married you for citizenship at the time that he married you? Again, not what he's saying now, but his state of mind at the time of the marriage?

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Customer reply replied 9 months ago
He got married right away because we had a daughter and he wanted to get the tax return
Estate Lawyer: ScottyMacEsq, Attorney replied 9 months ago

So you already had a daughter with him (meaning a preexisting relationship) correct? How is that indication that it was marriage fraud?

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Customer reply replied 9 months ago
He didn't want to get married I found this letter
Estate Lawyer: ScottyMacEsq, Attorney replied 9 months ago

What letter? And if he didn't want to get married, doesn't that undercut your allegation of marriage fraud?

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Customer reply replied 9 months ago
Saying this
Estate Lawyer: ScottyMacEsq, Attorney replied 9 months ago

I'm not saying that he didn't marry you for fraudulent reasons. But I am asking you to walk me through it and how you know this. And the questions I'm asking are the same questions a prosecutor would ask or his attorney would ask you on the stand. So please understand that I'm simply trying to determine the strength of your case.

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Customer reply replied 9 months ago
We got married Dec 4th 04
Estate Lawyer: ScottyMacEsq, Attorney replied 9 months ago

That letter doesn't say anything about him not wanting to get married, but rather about custody/visitation regarding your child. Is there a different letter that you're referring to?

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Customer reply replied 9 months ago
We were not separate we where living together
Customer reply replied 9 months ago
I found this on Augest 28th I confront him
Customer reply replied 9 months ago
Wow I guess he played me
Customer reply replied 9 months ago
I feel like a fool he won't get into trouble for anything he has donev
Estate Lawyer: ScottyMacEsq, Attorney replied 9 months ago

And then what happened? To me, that appears that he didn't intend to marry for citizenship. If he didn't love you and wanted only to use you, he wouldn't have written that letter but rather pushed for marriage, right? Unless you're trying to argue that he wrote that letter to trick you into marrying him (and never meant to leave prior to marriage)?

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Customer reply replied 9 months ago
Not true like he was arrest in 06
Customer reply replied 9 months ago
he wrote this because he was afraid I was going to show the police my bruises
Estate Lawyer: ScottyMacEsq, Attorney replied 9 months ago

The domestic violence issues are different. Domestic violence is generally not proof of marriage fraud. It's proof that someone is a monster, yes. But if he's a naturalized citizen, they won't take any action against his immigration status unless marriage fraud can be shown. The subject of this question is marriage fraud.

Is there any other evidence that you have to show that he never loved you and never wanted to marry you for you, but only for his citizenship?

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Customer reply replied 9 months ago
matter what he said in in his Declaration that's not enough
Estate Lawyer: ScottyMacEsq, Attorney replied 9 months ago

Which declaration are you referring to? The Oct 9 07 one? Dec 27 04? Or the DV 100?

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Customer reply replied 9 months ago
Why would he married me have kids with me and say a bunch untrue things and take my children away from me
Customer reply replied 9 months ago
Thats,not love then keep my children away from me
Customer reply replied 9 months ago
his decoration Oct 9th
Estate Lawyer: ScottyMacEsq, Attorney replied 9 months ago

Again, I've run across countless couples that split and have had custody disputes, taking children away, etc... That's only proof that things broke down, not that it was always fraudulent.

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Customer reply replied 9 months ago
The way he is down grading me is not love
Estate Lawyer: ScottyMacEsq, Attorney replied 9 months ago

The Oct 9th declaration pertains to custody. It has nothing to do with citizenship.

And I completely agree that it's not love. But he's doing that NOW, right? My question isn't about now, but about when you got married. To have a case against him for marriage fraud, you have to prove that he never loved you and at the time you got married that he only did so for citizenship. Even if the reason that you got married was for a different reason (for the kids, etc...), if it wasn't so that he would get citizenship, it wouldn't be marriage fraud. Again, what he feels about you now and what he says about you now is irrelevant to the marriage fraud discussion. Most ex-spouses say bad things about their exes. But most marriages are entered into for love, right? My point is not what he's saying now, but what he intended at the time of the marriage. Does that make sense?

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Estate Lawyer: ScottyMacEsq, Attorney replied 9 months ago

Are you there?

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Estate Lawyer: ScottyMacEsq, Attorney replied 9 months ago

Should I continue to await your response, or may I assist the other customers that are waiting?

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Customer reply replied 9 months ago
Thanks looks like I have nothing just someone who treat me badly and became us citizen through me oh well thanks
Estate Lawyer: ScottyMacEsq, Attorney replied 9 months ago

Yes, I'm afraid so. There'd have to be proof beyond a reasonable doubt that he intended to obtain marriage through fraud, and only then could citizenship be stripped. But that's so rare and the burden of proof so high that it almost never happens. There has to be very good evidence of that fact.

I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

Thank you, ***** ***** luck to you!

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Estate Lawyer: ScottyMacEsq, Attorney replied 9 months ago

Did you have any other questions before you rate this answer?

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Estate Lawyer: ScottyMacEsq, Attorney replied 9 months ago

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

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Estate Lawyer: ScottyMacEsq, Attorney replied 9 months ago

Hello?

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Estate Lawyer: ScottyMacEsq, Attorney replied 9 months ago

Can you see on your screen where you need to rate it? Note that you may need to press a "submit" button after clicking on the appropriate star rating. This is what I'm waiting on from you. Thanks!

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