Legal Question in Immigration Law in Texas

Marriage to Austrailian

On November 3rd 2003 I married an Austrailian National who is America on a student visa. He told me we would get a house and he will help me raise my 2 children. When came back from Las Vegas he dropped me off at my apartment and left to his apartment. We have never consumated our marriage and he is living with his boyfriend. Nothing has ever panned out in our relationship. When I moved to another apartment he would put his name on the lease. We have nothing in both of our names.

He has filled out all the paper work he needs to submit to INS. He has the marriage certificate. Now he has threatened

me and the man who introduced us that if I don't give him the picture he needs from me for the I-30 form he will send a letter to the INS. He says that I will go to jail.While he flys back to Austrailia.

I just want a anullment or divorce. I have done nothing wrong. He played me like fool.

I don't want to take the picture, but I don't want to go to jail either. I work for a major Airline and a mother of 2 children I can't afford to lose my job, go to jail.

Can he legally do this and get away with it?


Asked on 3/11/04, 3:27 am

1 Answer from Attorneys
Fariba Faiz Law Offices of Fariba Faiz

Re: Marriage to Austrailian

You do not need to file an I-130 and required documents on his behalf if you do not wish to do so. It seems that he is trying to obtain immigration benefits through fraud and you need not be part of it. Also, what he is doing to you sounds like extortion. You have the option of seeking either an annullment (annullment may be preferrable and more appropriate in your instance) or divorce and withdraw any petitions you may have submitted on his behalf that may have been procurred from you under false pretenses. Bottom line is that you need not be bullied into assissting him to obtain immigration benefits by fraud. If the pressures continue then you may need to notify the district attorney, seek a restraining order through the courts and any other relief as appropriate.

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Answered on 3/11/04, 11:55 am


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