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?
1 Answer from Attorneys
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)
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