how can I have wife removed for marriage fraud?

[I AM NOT THAT GUY 5,715]

we still live together and have a child together in US, but she lied telling me I got her pregnant last time in was in Vietnam to see her, then she told me the child died ( obviously to evade DNA test) she got her visa anyway.

Married two years? And have a child? The USCIS may not care, but the state you live in probably will. I doubt she will be deported, and you will not be off the hook for child support, and/or spousal support, since she cannot legally earn an income. I suggest you reconcile your differences, and do what is best for your child.

Edited May 4, 2014 by The Postmaster

[novedsac 355]

Gone are the days of built-in bias when the mother was automatically presumed by judges to be the more suitable parent of a minor child. Not getting along -- move away from her to protect yourself from any bogus claims.

Cheaper to pay for only an apartment for her until the divorce, custody, and child support issues are settled rather than you leave the child with her knowing the DA will nail you to the wall with a temporary support order of support until the process drags to a conclusion.

Depends on the jurisdiction the divorce/custody would be filed in - there are still many counties in this country stuck in the dark ages.

What does the DA have to do with it? Divorce/Child custody are not criminal matters. A temporary support order will only happen if at least one of the parties to the divorce files such motion - the presiding judge will then decide what the conditions will be if a consent temporary order cannot be agreed upon by the parties prior to the hearing.

Until temporary custody issues are ironed out in court, physical custody of the child can go back and forth in a continual, very destructive circle. Father drops child off at daycare … mother picks up child from daycare an hour later … father shows up at the end of the day and doesn't know where the child is; father calls the police; police determine child is with the mother; police determine there is no restraint on the mother having custody of her child; police tell mother and father to go to court and figure it out, police return to the donut shop.

Without a court order specifying the custody parameters, neither parent can legally prevent the other parent from being with the child or taking possession of the child.

If OP wants custody - he should file a motion for divorce with a concomitant motion for temporary order specifying custody, living arrangements and support matters whilst the divorce proceeds.

[I AM NOT THAT GUY 5,715]

Married two years? And have a child? The USCIS may not care, but the state you live in probably will. I doubt she will be deported, and you will not be off the hook for child support, and/or spousal support, since she cannot legally earn an income. I suggest you reconcile your differences, and do what is best for your child.

Oh, and BTW, if you do go the divorce route, chances are she gets the divorce attorney of her choice, and you foot the bill.

[novedsac 355]

Married two years? And have a child? The USCIS may not care, but the state you live in probably will. I doubt she will be deported, and you will not be off the hook for child support, and/or spousal support, since she cannot legally earn an income. I suggest you reconcile your differences, and do what is best for your child.

I'm not entirely sure about this one.

My ex-wife wasn't legal either but was still ordered to pay child support monthly for the care of the children which are in my full custody. Even without working, the judge imputed income based upon minimum wage.

Being present in this country illegally, in and of itself, is of no consequence in family court - plenty of families raise good children in a loving manner even while being illegally present in this country and the judges understand that.

OP is going to need a whole lot more than 'he makes the income, she's here illegally' in order to secure custody of the child and/or avoid spousal support.

[Boiler 45,462]

Oh, and BTW, if you do go the divorce route, chances are she gets the divorce attorney of her choice, and you foot the bill.

How would legal fees for a Divorce compare with Annulment?

[aaron2020 11,651]

I'm not entirely sure about this one.

My ex-wife wasn't legal either but was still ordered to pay child support monthly for the care of the children which are in my full custody. Even without working, the judge imputed income based upon minimum wage.

Being present in this country illegally, in and of itself, is of no consequence in family court - plenty of families raise good children in a loving manner even while being illegally present in this country and the judges understand that.

OP is going to need a whole lot more than 'he makes the income, she's here illegally' in order to secure custody of the child and/or avoid spousal support.

Family court don't care about legal status unless a person is in custody. Immigration is not within it's jurisdiction.

[verysadguy 170]

Lots of single women work and care for their children.

Why can't he?'

I've been a single dad for over 2 years now. It's easy but expensive. I have lots of respect for single moms now. My child is well adjusted and super happy, smart as heck, and cute as can be. Doesn't miss her mother one bit, doesn't even know her. We see her twice a year for 2 days and she doesn't pay her child support. But USCIS let's her stay here. Isn't America great?

[verysadguy 170]

Married two years? And have a child? The USCIS may not care, but the state you live in probably will. I doubt she will be deported, and you will not be off the hook for child support, and/or spousal support, since she cannot legally earn an income. I suggest you reconcile your differences, and do what is best for your child.

Sorry Postmaster but I completely disagree with you. No reconciliation here. The woman is a sociopath bent on the man's destruction financially. What's best for this child is limiting the damage from parenting by a sociopath.

[Boiler 45,462]

Sorry Postmaster but I completely disagree with you. No reconciliation here. The woman is a sociopath bent on the man's destruction financially. What's best for this child is limiting the damage from parenting by a sociopath.

You have met her?

[I AM NOT THAT GUY 5,715]

How would legal fees for a Divorce compare with Annulment?

Is annulment even an option? Unless the marriage was on its face invalid, say because of bigamy, or incapacity, I don't see how annulment applies here. Even in cases where the marriage was claimed invalid because of fraud, if the couple had a substantial relationship, that is to say lived as man and wife for a period of years, annulment would probably not be granted.

[Boiler 45,462]

Is annulment even an option? Unless the marriage was on its face invalid, say because of bigamy, or incapacity, I don't see how annulment applies here. Even in cases where the marriage was claimed invalid because of fraud, if the couple had a substantial relationship, that is to say lived as man and wife for a period of years, annulment would probably not be granted.

Others seem to think it was a given.

As the OP will likely be playing both sides legal costs I just wondered.

[aaron2020 11,651]

For those with no ideas about annulments but stating reasons why it can't be done for one reason or another, please do a little research rather than pull stuff out of thin air.

http://www.courts.ca.gov/1037.htm

Read the part about annulment based on fraud - in particular about entering the marriage for a green card. Then look at the statue of limitation which is 4 years in California AFTER the fraud is discovered (not 4 years after the marriage).

If the laws are similar in the OP's state, then an annulment is completely possible.

Edited May 4, 2014 by aaron2020

[clayr 35]

Thanks for all advice. Bear in mind my fiancé told me I got her pregnant which I believed then said the child died. She left her 2.5 month old child in Vietnam and came to USA hiding the fact the child was not mine all the while calling and getting money from me. Does this sound like a person ANYONE on here would want to be married to? This is also the story she told to the consular officers in Saigon. This is not fraud to you? Now we are married, she told me the truth after our child in USA was born. Everyday I come from work and pick up our daughter from daycare while my wife works. We work together under just my SS #. Her parents, brother, sister and other family members call 2 or 3 times a month asking for money usually $200- $500 at a time which she gives to them. We are still living in a studio apt. I will find out if an annulment is possible but I'm also contending with her family and friends telling her all about alimony, child support, etc which is why she won't go home. Yes I got myself into this because I trusted someone but I want out wouldn't anyone else? Again thanks for all the ideas and advice

[Boiler 45,462]

For those with no ideas about annulments but stating reasons why it can't be done for one reason or another, please do a little research rather than pull stuff out of thin air.

http://www.courts.ca.gov/1037.htm

Read the part about annulment based on fraud - in particular about entering the marriage for a green card. Then look at the statue of limitation which is 4 years in California AFTER the fraud is discovered (not 4 years after the marriage).

If the laws are similar in the OP's state, then an annulment is completely possible.

What makes you think the OP is now in California?

Bit tricky to claim her motivation was solely a GC when this thread has no mention of such and she has been married for 2 plus years and has not even applied for one.

[aaron2020 11,651]

What makes you think the OP is now in California?

Bit tricky to claim her motivation was solely a GC when this thread has no mention of such and she has been married for 2 plus years and has not even applied for one.

Did you see the part where I said if the laws were similar in the OP's state?

Someone can enter a marriage for a green card without actually getting a green card. It's the the reason why she entered the marriage and not actually getting the card that is the basis of the fraud.

And once again, what does being married for 2 years or not getting a green card have to do with anything?

No mention in this thread that she entered this marriage for a a green card or come to the US? How about what the OP posted. Why don't you ask him to say it again? Why do you think she did all this if this is not a case of immigration fraud?

Edited May 4, 2014 by aaron2020