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San Jose Divorce Attorney > Blog > Divorce > Can You Get An Annulment If You Find Out That Your Spouse Was Only Using You For A Green Card?

Can You Get An Annulment If You Find Out That Your Spouse Was Only Using You For A Green Card?


Here in San Jose, almost everyone knows a naturalized U.S. citizen whose immigration was sponsored by their spouse; most of them are still married to their spouse who applied for a green card for them.  United States immigration law contains plenty of safeguards to prevent people from marrying U.S. citizens purely for the purpose of getting permanent residency status.  In fact, for a sham marriage to fool the authorities, both spouses must be party to the deception.  Given that half of all marriages end in divorce, it is unsurprising that some couples divorce after one spouse has sponsored the other for a green card.  If your spouse dumps you after you sponsored their immigration, you might feel that your whole marriage was a lie, but you have an uphill battle in persuading the court that your spouse defrauded you into marrying them.  If you gave your spouse U.S. citizenship, and all they gave you is trouble, contact a San Jose divorce lawyer.

Court Rules That Woman Knew What She Was Getting Into

Carolyn and Michael met on a dating site in January 2015, while she was living in California and he was living in Jamaica.  She traveled to Jamaica that summer, and the parties married in June.  Their plan was that Michael would move to California with Carolyn; he hoped to join the U.S. Armed Forces and to open a restaurant in California.  Carolyn applied for a conditional visa for Michael, in other words, a temporary green card.  He would be eligible for a permanent green card two years after the temporary one was issued, but only if he remained married to Carolyn for those two years.  Carolyn’s first marriage had also been to a Jamaican man; their marriage ended after he got his permanent green card.

Michael got his temporary green card in November 2016.  The problems started almost as soon as he moved into Carolyn’s house.  She suspected him of meeting other women on dating sites.  In early 2017, she caught him with another woman at their house, and a physical fight ensued.  The police came and arrested Michael for domestic violence; after spending one night in jail, he was sentenced to probation.  Michael attempted to repair his marriage with Carolyn, but he

In March 2017, Carolyn requested that the court annul their marriage.  She showed the court text messages Michael had sent to his family saying that he planned to divorce Carolyn after getting his permanent green card and that he planned to sponsor his mother and brother’s immigration after getting citizenship.  She also presented text messages where Michael expressed romantic feelings to DeAndra, a platonic friend he had known since they were teenagers in Jamaica and who was one of the few people in California he knew when he first moved here.  The court refused to annul the marriage and ruled that she would have to divorce Michael the usual way.  The divorce would entitle Michael to half of the marital property, but it would not guarantee that he could keep his green card.

Let Us Help You Today

A San Jose divorce lawyer can help decide whether to pursue a divorce or an annulment if your relationship with your spouse broke down during the first year.  Contact Foster Hsu for help today.



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