Legal Question in Immigration Law in California

Aliens and Divorce

Is there a way you can complaint to the USCIS about a woman who got married to a US Citizen and has conditional resident status who was having sex with different men while they were still married? How and where to report it? I think it is a fraud especially now that she is pregnant from a different guy and her husband had file a divorce.


Asked on 4/11/09, 4:32 am

1 Answer from Attorneys
Colin Greene Russakow, Greene & Tan, LLP

Re: Aliens and Divorce

You can always report whatever to want to USCIS investigations and they may or may not be interested. If the husband thinks it's a fraud and is determined to prove it, he should file for annulment, not divorce. A determination by a court that it was fradulent would go much further, the divorce does not really have an impact. But fraud is hard to prove. You are essentially trying to prove the wife's mental state: that she did not enter into the marriage intending to be husband and wife. The fact that she sleeps around doesn't prove that.

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Answered on 4/13/09, 10:35 am


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