Legal Question in Family Law in California

Custody of US Citizen Child Born in US with a Canadian Spouse

I was married to a canadian who I

thought was legitimate in the

decision to marry. Turns out, she

was talking to other men via phone

and internet before and during the

majority of our marriage. We are

looking at divorce as I found this

unacceptable and I also found that

she had previously contacted other

US citizens for the purposes of

getting married for a Green Card

and US citizenship only.

Given this, she is still a conditional

resident (the two years hasn't past

since the initial immigration

interview and approval) and the

final interview comes up later this

year to see if we are still together.

If we get divorced before this final

interview, the courts would have

her sent back to Canada, however,

we have a child now. Wondering if

they will make her go back to

Canada given a divorce scenario

and if so, could I file for sole

custody of child? Or will they have

a joint custody situation setup?

Also, if I show that she was talking

to others to get a green card

before our marriage, and was

talking to several men romantically

before and after we were married

(without my knowledge initially)

would that be considered fraud?

1 Answer from Attorneys

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