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  1. #1

    Default Immigration Fraud and Bigamy

    My question involves a marriage in the state of: California

    Can I file for an annulment for these reasons?
    1. My husband and I have been married for 5 years, but never lived together. Not even for one day. He only told me we cannot live together due to "religious differences" after he received his green card. I petitioned him for his green card after we got married, but I never agreed to live separately. He kept prolonging looking for a place for us to live until he got his green card.
    2. My husband divorced his wife in the Philippines before he married me. He filed for the divorce here in California while his ex-wife is in the Philippines. I was told that there is no divorce in that country. So legally, my husband is still married to his first wife? My husband is a Philippine citizen.
    3. My husband visited the Philippines and commited adultery to his ex-wife which resulted in pregnancy, and on the child's birth certificate, it says that my husband and his ex-wife are still married (ex-wife is still in the Philippines at the time of child's birth).

  2. #2
    Join Date
    Sep 2010
    Posts
    10,099

    Default Re: Immigration Fraud and Bigamy

    If he was legally married to the first wife? If he was, then the second married is void ab initio. You don't even need to annul it. I'm confused as to how he filed for divorce if it is not permitted. Divorce is largely unavailable in the Phillippines (except for certain cases with moslems). The Philippines will recognize a foreign divorce however. Was he granted a divorce here.

    You appear to be as big a party to the fraud as he is. What did you tell the immigration department to get him his green card and to resolve his conditional status?
    It would seem you need both a divorce lawyer and an immigration lawyer.

  3. #3

    Default Re: Immigration Fraud and Bigamy

    Yes, he is legally married to his first wife. I have a copy of their marriage certificate. He filed for the divorce in California and was granted, but I was told by some lawyers (both here in the US and Philippines) that it is not valid because of his foreign citizenship. They say that regardless of where he attained the divorce, he is still legally married under Philippine Law and that the only time the Philippines will recognize the divorce is when he changes his citizenship and will be then be considered "foreign spouse". Is this true?
    In regards to telling the immigration department to get the green card, I married him in good faith. We had a long relationship prior to getting married and thought that we will be together. I did not know at the time we got married that he never intended to live with me. I even converted to his religion (not Moslem), but even his church refuses to acknowledge our marriage, saying that he is already married before.
    I've already consulted with both divorce and immigration lawyers, and they've all told me to proceed with an annulnent instead of divorce.

  4. #4
    Join Date
    Sep 2010
    Posts
    10,099

    Default Re: Immigration Fraud and Bigamy

    If he established residency and got the California divorce, then your marriage is legal in California regardless of what is going on in the Philippines.
    It was not a bigamous marriage as far as the US goes. You can get an annulment if you can show that the marriage to you was fraudulent only to get a green card or the like.
    I still think you lied to Immigration authorities at some point.

  5. #5

    Default Re: Immigration Fraud and Bigamy

    You might be in trouble when it comes to an annulment because California law only gives four years after the marriage to file for most reasons. The only way I think you can file for one is under this reason but you should do it quickly:

    Prior existing marriage or domestic partnership: An annulment in this case can be filed by either party as long as both parties to the current marriage/partnership are alive, or by the prior existing spouse or domestic partner. http://www.courts.ca.gov/1037.htm#statute

  6. #6

    Default Re: Immigration Fraud and Bigamy

    Thank you! I will ask the lawyer about your comments when I meet with her next week.

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