help with annulment

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Old Nov 19th 2005, 1:20 pm
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I need help!
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Default help with annulment

I was naive enough to marry an illegal alien in 1995, subsequently he found out he had to have a divorce from his wife in Mexico before getting residency, he went and (said) he divorced her, brought back some papers, I remember asking him why the papers weren't signed by a judge nor had an official seal, he replied that is how it is done in Mexico, I stupidly believed him. So did INS. We married again, I believed his charming tale of "renewed love," The next two years were living hell, police were called a few times, no arrest, he was a real charmer and I must have been very emotionally vulnerable, needy, and just plain ignorant of exactly how deceptive some people can be, but I suppose the stakes were so high for him that it was sufficient motivation to destroy one person's life, mine. I am a Christian hearted person who just can't malicious deceive and damage another human being, but then again, I never suffered the poverty he had. Anyway, he convinced me to co-sign on a truck for him, I relinquished my retirement benefits from my ex-spouse because of the marriage. One week after the card was no longer conditional, I found out he was still marriued in Mexico AND had a pregnant girlfriend in our town in Texas, it was her second pregnancy, and he absconded with the truck. I had to file bankruptcy, lost all of my savings, my home, everything. He never paid for the truck and I am still paying for tickets and damages the truck has caused, and I still can't even get the title of the truck out of my name, I will be liable for whatever damages the truck causes for the rest of my life. I am 50 years old, impoverished, no retirement, and no chance of ever having financial security, will always be paying his bills, because of what he has done.
I would like an annulment, but the postings I read seem as though I would be guilty of a felony of fraud because he deceived me...?
Is there any legal aid service that might be able to help me?
Or does anybody have any suggestions?
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Old Nov 19th 2005, 1:50 pm
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Default Re: help with annulment

Originally Posted by Synthia212
I would like an annulment, but the postings I read seem as though I would be guilty of a felony of fraud because he deceived me...?
Is there any legal aid service that might be able to help me?
Or does anybody have any suggestions?
Hi:

You don't mention anything that appears to be a felony or immigration fraud. Contact places like Legal Aid to see if they do family law.

Good luck.
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Old Nov 21st 2005, 11:33 pm
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Default Re: help with annulment

Get an attorney.
Have you tried asking anyone for legal assistance.
There are resources for low income people.
 
Old Nov 22nd 2005, 12:48 am
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Default Re: help with annulment

Originally Posted by [email protected]
Get an attorney.
Have you tried asking anyone for legal assistance.
There are resources for low income people.
Thanks, I found a legal aid office nearby and will see them Wednesday. I appreciate the advice. Another respondent on another post said that because he was still married that neither marriage was legal and that it is as if I were never married, I don't need a divorce. But that sounds a little too good to be true, he also used the words "If I could prove" and I would bet that it would be difficult to prove that he was still married - in Mexico. There are other considerations, too, like being able to buy a house, proof of divorce will be necessary because I used his name for some documents.
Anyway, I will go.

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Old Nov 22nd 2005, 1:44 am
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Default Re: help with annulment

Originally Posted by Synthia212
Thanks, I found a legal aid office nearby and will see them Wednesday. I appreciate the advice. Another respondent on another post said that because he was still married that neither marriage was legal and that it is as if I were never married, I don't need a divorce. But that sounds a little too good to be true, he also used the words "If I could prove" and I would bet that it would be difficult to prove that he was still married - in Mexico. There are other considerations, too, like being able to buy a house, proof of divorce will be necessary because I used his name for some documents.
Anyway, I will go.
Synthia,

I edited out your personal email for your safety and protection. Unfortunately, it probably has already gone to usenet. See this link for more information: http://britishexpats.com/forum/showthread.php?t=328339

Rene
Assistant Moderator

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Old Nov 22nd 2005, 11:43 pm
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Default Re: help with annulment

Originally Posted by Synthia212
Another respondent on another post said that because he was still married that neither marriage was legal and that it is as if I were never married, I don't need a divorce.
Was this "other respondent" an attorney who practices family law in the relevant state? If so, was a proper consultation performed for you, or was this just an “off the cuff” remark?
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Old Nov 23rd 2005, 12:51 am
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Default Re: help with annulment

Originally Posted by Matthew Udall
Was this "other respondent" an attorney who practices family law in the relevant state? If so, was a proper consultation performed for you, or was this just an “off the cuff” remark?
I'd agree that it would be a good idea to consult with a family law specialist (initial consults are often gratis) to see what, if anything, you need to do. There are a number of things at issue here: Your obligation in place with immigration; your assets (and possible recovery of any he availed himself of) and your future ability to marry. You would be wise to get an idea of what should/could be done to make sure that there are no sticking points. Although the marriage may be invalid, void and voidable are distinct and I could hazard a guess that individual states may have different requirements. I'd want something concrete in my hands to show I had no further connection and to make sure any Affidavit of Support on file with USCIS on his behalf was no longer in place.
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Old Nov 23rd 2005, 10:06 pm
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Default Re: help with annulment

Originally Posted by Matthew Udall
Was this "other respondent" an attorney who practices family law in the relevant state? If so, was a proper consultation performed for you, or was this just an “off the cuff” remark?
I think it was just "off the cuff" and I probably just WANTED to believe it so badly that I put perhaps too much stock in it, which led me to ask...I suppose it is only logical that I need to get an attorney, and I will try to forge ahead with that. The legal aid here is only for indigents, I don't qualify because of my teacher income, expenses don't matter. But I will keep exploring options. If you have advice, I will appreciate it. Thanks.
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Old Nov 24th 2005, 12:02 am
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Default Re: help with annulment

Originally Posted by Synthia212
I think it was just "off the cuff" and I probably just WANTED to believe it so badly that I put perhaps too much stock in it, which led me to ask...I suppose it is only logical that I need to get an attorney, and I will try to forge ahead with that. The legal aid here is only for indigents, I don't qualify because of my teacher income, expenses don't matter. But I will keep exploring options. If you have advice, I will appreciate it. Thanks.
Hi:

There is a GENERAL rule that in a bigamous marriage is a "void" marriage as opposed to a "voidable" marriage. However, how do you prove this? It is really a question of state law and is way beyond the scope of an NG.
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