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3/18/10 1:29 AM
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CatastrophicReaction
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Edited: 03/18/10 1:29 AM
Member Since: 2/18/10
Posts: 129
 
 My sister in law married a guy here in the U.S. that decided within 13 months of their marriage he wasnt interested.

no kids involved, no assets gained between the two of them.  We (Meaning my wife and I) actually had a house set up for them both to start out and it didnt quite work out.


It was a real marriage, consumatted (sp?) which he doesent yet know she tabbed the sperm and shit into a tube, etc.
Now her "ex" is trying to dissolve the marriage based on "Fraud" (section 2210 (d)) of the CA Code, which I find laughable @ best  and vague @ best.

This guy hit a lottery ticket by marrying my wife's sister, then didnt like the parameters I guess with her and so I guess I'm just looking @ what's what for anyone out here who  might know how to deal with this 



 
3/18/10 3:52 PM
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KenTheWalrus
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I'm not an immigration expert, but if the wife saved sperm in a tube, I would be leery of the legitimacy of the marriage.

Regular married people don't save sperm. She might want to appear as a regular married person, not someone who felt it necessary to save sperm to prove consummation.

A piece of lingerie with a Lewinsky-esque stain might be a better choice than a Q-tip in a tube. I may be wrong though. -ken
3/19/10 2:36 PM
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Subadie
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If you can rephrase your question into something coherent, I may look at it
3/25/10 8:20 PM
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CatastrophicReaction
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Sorr Subadie.

I was pissed when I posted the thread.

In order to "prove" fraud I guess is my question. I was kidding about the sperm tube,.

What would he have to do to prove "Fraud" in a marriage?

It's such a far fetched claim since he was so aggressive in p ursuing her, they had a grand wedding,e tc.  

What does CA law define as "Fraud" based on that section?
3/25/10 10:26 PM
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KenTheWalrus
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CatastrophicReaction - Sorr Subadie.

I was pissed when I posted the thread.

In order to "prove" fraud I guess is my question. I was kidding about the sperm tube,.

What would he have to do to prove "Fraud" in a marriage?

It's such a far fetched claim since he was so aggressive in p ursuing her, they had a grand wedding,e tc.  

What does CA law define as "Fraud" based on that section?


(If he has already filed the claim then get a lawyer for her.)

Fraud in that sense is a misrepresentation of a fact that is essential to the marital relationship.

In this context for immigration, entering into the marriage for US residency would be considered fraud if the wife never intended to have sexual intercourse or perform marital duties.

He would have to prove that there was an intent only to marry for residency and that she didn't intend to perform the marital duties.

However, she could attempt to prove they lived together (cohabitated) after he found out about the misrepresentation in the event he can prove the above. If she can prove they freely cohabitated after the knowledge of the misrepresentation then an exception to the fraud provision kicks in an the husband cannot receive a nullity of the marriage based on that fraud claim.

-ken
3/26/10 12:56 PM
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Subadie
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best evidence of marital intent are shared financial lives - lease or the equivalent (affidavit from you would be the way to show this), shared back accounts, shared credit card accounts, shared bills in each name at shared address ; prof of joint purchases (ring); insurance with the other as the beneficiaries

Also very good evidence, but of a secondary nature can include precautions against pregnancy; affidavits from friends, family, neighbors with an understanding of the relationship explaining it in detail ; correspondence (cards, love letters, etc); photos of a shared life

3/30/10 6:09 PM
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fishluv
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Subadie - best evidence of marital intent are shared financial lives - lease or the equivalent (affidavit from you would be the way to show this), shared back accounts, shared credit card accounts, shared bills in each name at shared address ; prof of joint purchases (ring); insurance with the other as the beneficiaries

Also very good evidence, but of a secondary nature can include precautions against pregnancy; affidavits from friends, family, neighbors with an understanding of the relationship explaining it in detail ; correspondence (cards, love letters, etc); photos of a shared life

well said
 
3/30/10 6:11 PM
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fishluv
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CatastrophicReaction -  My sister in law married a guy here in the U.S. that decided within 13 months of their marriage he wasnt interested.

no kids involved, no assets gained between the two of them.  We (Meaning my wife and I) actually had a house set up for them both to start out and it didnt quite work out.


It was a real marriage, consumatted (sp?) which he doesent yet know she tabbed the sperm and shit into a tube, etc.
Now her "ex" is trying to dissolve the marriage based on "Fraud" (section 2210 (d)) of the CA Code, which I find laughable @ best  and vague @ best.

This guy hit a lottery ticket by marrying my wife's sister, then didnt like the parameters I guess with her and so I guess I'm just looking @ what's what for anyone out here who  might know how to deal with this 



 
so who is the alien here? Sis or cool guy?
 

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