Legal Question in Family Law in California
How difficult is it to get marriage anullment on a basis of fraud if your spause wasn't a citizen of US?
I have a temporary green card and I should be applying for permanent residency/removing of conditions in April 2011. But in Oct 2010 my husband (who is a citizen of US) filed for divorce. After 3 weeks he amended the petition to anulment on a basis of fraud.
The only way he can try to prove it was fraud may be the fact that we were planning to get marry before I showed up in US but still got in on a regular tourist visa (istead fiancee visa)
He may have emails to prove that we discussed it many times.
Other thing he may say is that I don't want kids. Before the marriage I told him we will have kids soon but I didn't realize how poor our financial situation will be. I think we can't afford having a baby right now and he thinks I frauded him this way.
And the 3rd way he may prove his case to the judge is by asking his friends to lie in court that I cheated on him or something like this.
I need to know if I should be nervous of this situation or he has no case really.
Optional Information:
State/Country relating to question: California
1 Answer from Attorneys
You need to find out what effect if any having the marriage annuled as opposed to getting a divorce has. Does it make it harder to stay in the US, effect ability to get citizenship, would you get spousal support otherwise, etc.
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