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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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I recently married a foreign guy that Id dated for a few months.

Customer Question

I recently married a foreign guy that I'd dated for a few months. When I met him I was going through a lot of trouble with my job and eventually decided to quit. He was very supportive during this time. When I quit I decided to move back to my birth country (I have dual citizenship). He asked me to stay and marry him, saying that he didn't believe in long distance relationship. Now here it goes.
Before we married he told me he had a green card. He later changed and said that he was still on a student visa (he is going for his Master's) and that his first wife had screwed him up with immigration. After we got married I became a little suspicious and under some pressure he told me that he had abandoned his case and that he didn't have a visa anymore, in other words he was illegal.
I got really angry and left town for 2 days. I came back and he said that it wasn't a big deal and that he had given me enough information to marry him.
I became more suspicious and started to go through his stuff as he does not open up about his past easily. I found a bunch of letters from immigration stating that his 1st marriage was denied due to fraudulent marriage, he also claimed to be the father of her child but that was proven to be a false statement according to immigration. He also doen't come forward with the truth and keeps on lying. This happened when he was about 25 yrs old, he is now 32. When we fought I said that if he uses me I would deport him and he said I would regret.
I cried, screamed and felt betrayed. He said that he didn't tell because it didn't affect me yet. I said how so? You won't be able to legalize yourself due to fraud and you wanted to have kids soon?
I could be in my country working, now I have to wait to change my name back. I spent money changing car title, name, DL, SSN. I am certain he was trying to commit fraud again through our marriage w/out letting me know (simply dragging me to immigration clueless).
I am at another state at a friends house.
He owns a car and a house.
What are my rights?
Thank you.
Submitted: 5 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 5 years ago.

Thank you for your question. I will do my best to assist you with your concerns. If you would like me to clarify my answer, I will be happy to do so.

I am terribly sorry to hear that you are in this situation. I have two questions for you. First, what specifically do you wish to accomplish, in an ideal situation? Second, did you contact immigration yet about this situation?
Customer: replied 5 years ago.
Did you receive my answer?
Expert:  Dimitry K., Esq. replied 5 years ago.
My apologies but I did not. Can you re-post, please?
Customer: replied 5 years ago.
I would like an annulment and I feel I am entitled to some kind of compensation. I called ICE, and they gave another number to call tomorrow.
Do I have any rights?
Thank you.
Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your follow-up.

Ind. Code § 31-11-9-3 governs annulments, specifically on grounds of Fraud, which is what you are alleging. In that situation you are entitled to file for an annulment but please be aware that an annulment is generally more complex than a divorce, it may be more expensive, and it can take longer.

As for compensation, my apologies on that but you cannot sue your spouse for injuries in this situation, while you can seek a divorce or an annulment, you cannot demand that he cover your costs as the courts do not consider that as a valid injury.

To best assist you I have listed the code directly below for you for your research and review:

Indiana Code - Section 31-11-9-3: Fraud
A marriage is voidable if the marriage was brought about through fraud on the part of one (1) of the parties to the marriage.
As added by P.L.1-1997, SEC.3.

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Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your follow-up, PK.

For future reference pressing a “1” or a "2" provides me with a negative rating from the website and reflects poorly on my work. If you need a follow-up request, please press the "CONTINUE CONVERSATION" link and as I stated above, I will be happy to respond further.

Please be aware that I do not make the law, and in fact I provided you with the actual regulation and code that you can use to file for an annulment. Please do not blame me if the law is not as you hoped or is not in your favor. What specifically have I failed to address?