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

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Hi there I am in...
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: 2 years ago.Category: Family Law
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2/1/2016
Family Lawyer: Ely, Counselor at Law replied 2 years ago
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 103,583
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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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.

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Family Lawyer: Ely, Counselor at Law replied 2 years 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!
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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