I Believe My Spouse Used Me And Married Me For A Green Card. Can I Get An Annulment Instead Of A Divorce For Fraud In Florida?
This is a very difficult, but actually common issue.
Because a spouse of an American citizen is able to obtain a green card, people who are desperate to get into the United States may pretend to fall in love with an American citizen just long enough to get a green card, and then dump the spouse promptly afterwards.
The spouse who perpetrates the fraud could face civil and criminal penalties, as well as possibly deportation.
If you believe that your spouse wanted you only for a green card and never intended to enter into a valid marriage with you, you may be able to get an annulment instead of a divorce.
An annulment is a court order that declares a marriage invalid. Not only does it dissolve the marriage, it also says that a legal marriage never existed.
Although the prospect of an annulment instead of a divorce may sounds appealing, you should be aware that annulment cases can be complex, expensive, and you may go through the entire process only to have your request denied by a judge.
For many people, the expense and time involved in obtaining an annulment is worth it for religious or other reasons.
One of the grounds for annulment in Florida includes a sham marriage such as you described.
If the time frame is short between when the marriage occurred and when the marriage failed, the marriage could be considered fraudulent.
The facts of the case must show that there was no intent on the part of the wrongful spouse to live together as husband or wife.
If you want to get an annulment instead of divorce, you must speak with an attorney.
Annulments can be a tricky process, and an attorney can help.