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Can You Get an Annulment if You Think Your Spouse Married You for a Green Card

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  • 08-05-2017, 09:46 AM
    jfrankjr
    Can You Get an Annulment if You Think Your Spouse Married You for a Green Card
    My question involves a marriage in the state of: NC
    I married a Russian woman a year ago, either she was a good actress or she really did love me when we were married, but I always suspected something wasn't right. For example, she had a rash at the corner of her eye for several weeks that we later found was due to an allergy to my cat. But she kept taking pictures of this rash, and later I would find out she showed it to the police and said I hit her. Anyway, she had her green card interview, which went ok, and she got her green card 2 weeks later. 2 weeks after that she tells me she is moving out. She claimed she just needed a break and was renting an airbnb for a couple weeks. Well after a couple weeks I found a pic of her and the owner of the home in his convertible, with his hand on her thigh. I confronted her about it and told her I want a divorce, but she will not sign the papers, I'm assuming because she wants to figure out how she will stay, but it definitely seems like she is going to try and say she is abused. She told me in addition to the rash thing, that I didn't send her to the dentist in time and she nearly died (which isn't true). I have a receipt for $1,400 from the dentist showing that I took care of it. Since she won't agree to the divorce, I am wondering if I have any chance of getting an annulment based on fraud? If so, how would I go about proving it, and what is the process here in NC?
  • 08-05-2017, 09:50 AM
    Mr. Knowitall
    Re: Green Card Fraud and Annulment
    You are not going to get an annulment based upon your wife's having a possible affair, a year into your marriage. Grounds for your annulment in your state involve marriage between close relatives, marriage when one or both parties are below the age of 16, bigamy, physical impotence, mental incompetence at the time the marriage is entered, or the false representation that the female is pregnant where the parties separate within 45 days of marriage and no child is born within ten months of the date of separation. North Carolina does not recognize any other type of fraud as a basis for annulment.

    You don't need her consent to proceed with a divorce. Get a lawyer and file.
  • 08-05-2017, 10:28 AM
    jfrankjr
    Re: Green Card Fraud and Annulment
    Quote:

    Quoting Mr. Knowitall
    View Post
    You are not going to get an annulment based upon your wife's having a possible affair, a year into your marriage. Grounds for your annulment in your state involve marriage between close relatives, marriage when one or both parties are below the age of 16, bigamy, physical impotence, mental incompetence at the time the marriage is entered, or the false representation that the female is pregnant where the parties separate within 45 days of marriage and no child is born within ten months of the date of separation. North Carolina does not recognize any other type of fraud as a basis for annulment.

    You don't need her consent to proceed with a divorce. Get a lawyer and file.

    I read that fraud is one of the reasons as well. But it wasn't clear what kinds of fraud qualify.
  • 08-05-2017, 11:11 AM
    Dogmatique
    Re: Green Card Fraud and Annulment
    Quote:

    Quoting jfrankjr
    View Post
    I read that fraud is one of the reasons as well. But it wasn't clear what kinds of fraud qualify.

    Did you sponsor her residency and file the I-864 affidavit of support?
  • 08-05-2017, 11:12 AM
    cbg
    Re: Green Card Fraud and Annulment
    "I read" are some of the most dangerous words out there. Almost as bad as "I heard" or "someone told me".
  • 08-05-2017, 11:35 AM
    jfrankjr
    Re: Green Card Fraud and Annulment
    Quote:

    Quoting Dogmatique
    View Post
    Did you sponsor her residency and file the I-864 affidavit of support?

    Yes I did.

    Quote:

    Quoting cbg
    View Post
    "I read" are some of the most dangerous words out there. Almost as bad as "I heard" or "someone told me".

    Well to be fair I read it on a lawyer's website.
  • 08-05-2017, 11:55 AM
    Dogmatique
    Re: Green Card Fraud and Annulment
    Quote:

    Quoting jfrankjr
    View Post
    Yes I did.


    Well to be fair I read it on a lawyer's website.

    Okay. You need to hightail it to an attorney. You don't meet the criteria for annulment, and that means you have to get divorced. Because you sponsored her, you could be on the hook to support her (up to around $1100/month give or take) until she meets one of these criteria:

    1. She abandons her residency (leaves the country permanently)
    2. She works 40 qualifying SS quarters (works for about 10 years)
    3. She naturalizes
    4. She dies

    Do you think if you offered to pay for her citizenship she'd do it?
  • 08-05-2017, 12:15 PM
    flyingron
    Re: Green Card Fraud and Annulment
    Quote:

    Quoting jfrankjr
    View Post
    I read that fraud is one of the reasons as well. But it wasn't clear what kinds of fraud qualify.

    You read it wrong, or you were reading about a state other NC. Mr. K was paraphrasing direct from the statute. The only time fraud is a condition is when we're talking about minors obtaining licenses by fraud (i.e., without proper parental permission or by misrepresenting the age).
  • 08-05-2017, 12:58 PM
    jfrankjr
    Re: Green Card Fraud and Annulment
    The contention with all this is she is saying we haven't been separated for a year, but in actuality we have been, but I have no proof of it. She never did anything via text or email, she only told me in person. And she never told me where she lived (although I did find out via a PI I hired), so I am wondering if I can do the notification by publication in order to get the divorce? I know she'd never see the ad in the paper. My fear is she will find out afterward and try to appeal it, or say that I'm the one who lied about our separation date. Unfortunately I just have no proof of anything. She never changed her address, she never filed a separation agreement, nothing. Looking back I should have documented it somehow but I never even considered she'd lie about the date.
  • 08-05-2017, 01:06 PM
    flyingron
    Re: Green Card Fraud and Annulment
    No, if you know where she is, you must do personal service. The alternate means only apply if you don't know where she is after performing suitable due diligence in finding her. If you can't get the sheriff in the county she is now residing to serve her, use a private process server or by mail. You will have to show that service was performed. THere's no arguing that "she didn't hear about it." NC requires serivce in a form that will assure she did. You, as a party, are not permitted to serve her yourself.

    As far as eligibility to file, that's on you. You'll swear in an affidavit she left you a year ago or more. The rest will be duked out in court.
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