Legal Question in Immigration Law in Texas

I recently found a journal kept by my Canadian husband where he stated that he married me only to obtain a green card and was planning to kick me out of the house August 1, 2009. He obtained his permanent residency card in Mary or June 2009 and I left him the end of June 2009 before he could kick me out. What, if any legal grounds for fraud do I have? I don't know if I should file for a divorce or an annulment. If I file for an annulment can he be deported back to Canada and will an annulment affect my rights to half of what we acquired during the 2-1/2 yrs of our marriage?


Asked on 8/24/09, 9:05 pm

1 Answer from Attorneys

Larry L. Doan Law Office of Larry L. Doan

Yes, you could report him to USCIS if you want in writing, although they do not always take action on an individual isolated case like this to revoke his green card now, but your statement will be in his file. As a practical matter, when he has to file the I-751 Joint Petition to remove the condition on his green card in around the first part of 2011, you will not be filing it with him and he may have a very difficult time proving the marriage was bona fide,. Plus, if your statement is in his file, they probably will conclude he married you to only receive the green card and will not allow him to receive the unconditional permanent residence (the permanent green card). As far as property division in Texas, please consult a local family law attorney who can answer your question about the effects of an annulment.

Larry L. Doan

www.GuruImmigration.com

http://guruimmigration.wordpress.com (blog)

Note: The above response is provided for legal information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration. We do not offer free advice except for the information provided herein on LawGuru which has been screened. If follow-up advice on your specific situation is desired, we offer a paid consultation in person if you are in the Los Angeles area, or by phone or email. Please visit our website www.GuruImmigration.com for more details.

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Answered on 8/24/09, 9:24 pm


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