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Spouse Didn't Divorce Before We Married

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  • 08-29-2013, 06:58 PM
    Dogmatique
    Re: Spouse Didn't Divorce Before We Married
    Quote:

    Quoting at2470
    View Post
    Disagreeable, are you pointing to 2210 (a) and saying she was not lawfully able to consent due to the first, still in force, marriage? Or are you looking at 2210 (d) the fraud language?

    Proving the fraud would be easy inasmuch as she clearly knew she was married to someone else when she married me. This is shown by the recent filing for divorce some 20 years later. In that same filing she also told the court she filed Single on her taxes and was only living with her daughter. Both are false. Setting aside the possible tax consequences, I believe these two mis-statements speak to intent to continue a deception.


    But unfortunately, USCIS has a record of prosecuting BOTH parties, since they seem to expect the spouse to know the score.

    Is it fair? Nope, not in my eyes.

    But does it happen? Unfortunately yes.
  • 08-29-2013, 07:03 PM
    Disagreeable
    Re: Spouse Didn't Divorce Before We Married
    I am referring to your culpability. You had nothing to do with any fraud conspiracy until you just learned of it. That might be considered all that is needed to toll the statute, if you fail to correct the issues. Llworking was trying to pass it off that 3 years and no big deal. The IRS will likely not view it so gratuitously. I do not see any down sides for you, as long as you take the appropriate actions now that you are aware of what happened. The biggest thing you need to do is obtain professional legal council to protect yourself from her actions in each of these areas. That will likely involve allowing all prosecutions picked up by the various entities to progress with your assistance.
  • 08-29-2013, 07:09 PM
    at2470
    Re: Spouse Didn't Divorce Before We Married
    How so? Had I known of this existing marriage at the time I would have moved to have it fixed then. In fact I pushed her to be as totally truthful as possible. For example, during the naturalization process (a long one) she contemplated not mentioning an arrest she had years before. She was released without any court appearance (charges dropped; she wasn't at fault). In that situation, I told her that by all means she would come clean on everything. She did, and there was no problem. Moreover, why didn't the Feds pick-up on the marriage in question? Don't they check for that?? The whole process was very in depth. I had no way of knowing...in fact, we had to submit all the paperwork on the two marriages I knew about.

    - - - Updated - - -

    Agreed. Thanks. Everyone here is giving me lots to think about...I'm making a list of questions/concerns/issues for a meeting with an attorney (or two).

    - - - Updated - - -

    Wow, nothing about going after me would be fair at all. My intentions were pure from the onset. Thanks!
  • 08-29-2013, 07:12 PM
    Disagreeable
    Re: Divorce - I'm I Really Married After All
    Here is some case law on the immigration issue. Contrary to Pro's assertion, it does not appear anyone can argue you did anything but enter into a "good faith marriage". That is what immigration law requires of you. She on the other hand engaged in immigration fraud.
    http://scholar.google.com/scholar_ca...en&as_sdt=3,36

    http://scholar.google.com/scholar_ca...en&as_sdt=3,36
  • 08-29-2013, 07:19 PM
    Dogmatique
    Re: Divorce - I'm I Really Married After All
    Fair enough - and in the world of immigration that's fairly new case law.

    However, exactly how does the spouse intend to prove that?

    The burden of proof is not on UCSIS, put it that way.
  • 08-29-2013, 07:20 PM
    Disagreeable
    Re: Spouse Didn't Divorce Before We Married
    Here is one of particular significance that relates specifically to California and her willful concealment of capacity to marry. Her surreptitious divorce should be plenty of proof.

    http://scholar.google.com/scholar_ca...en&as_sdt=3,36
  • 08-29-2013, 07:26 PM
    Dogmatique
    Re: Spouse Didn't Divorce Before We Married
    It's really only proof that she was a bigamist.

    Disagreeable, I have literally been there and done that - my ex tried to pull that when I left him. (Allege immigration fraud, that is).

    But you have reminded me of some other case law - later tonight I will indeed try to find it.

    One thing I will do right now though, is thank you (sincerely) for using case law. Such a thing ain't too common on legal boards these days (as you well know).
  • 08-29-2013, 07:34 PM
    Disagreeable
    Re: Spouse Didn't Divorce Before We Married
    No problem. Hopefully, you will find it. You know I highly value your input.
  • 08-29-2013, 10:50 PM
    at2470
    Re: Spouse Didn't Divorce Before We Married
    Thank you everyone! This has been a great experience. Because of your input, case law and all, I will have much more meaningful discussions with what ever attorneys I talk to about this. I bet you an guess this is a huge shock for me. I've spent my whole life trying to do the right things. My wife had just come out of homelessness, and all the goes with it when I met her. My world was completely different. For the most part the marriage has been a good one...ups and downs like anyone else's I suppose. But now I find myself chin deep in an emotional and legal mess. A struggle between my head and my heart. I expect some return calls from law firms tomorrow. I will update you all...meanwhile, consuming this case law. Many thanks!
  • 08-29-2013, 11:00 PM
    Disagreeable
    Re: Spouse Didn't Divorce Before We Married
    You can do some independent research at scholar.google.com Federal law would be most relevant, though CA can help possibly. Good Luck in the hard decisions ahead.
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