What are the legal responsibilities for spouses to each other regarding immigration

Lurkette

New Member
Jurisdiction
New York
I married a foreign national who came to the US. After our marriage, I sponsored permanent residency for him.

He then refused to earn an income, do domestic chores, or have sex with me. There was no medical impediment to sex as he had sexual relations with several women in my neighborhood. He received financial and social benefits from me (medical insurance, food/shelter, familial marriage gifts that he refused to share access to) and my legal responsibilities to him as his Residency sponsor.

In short, he scammed me. He openly admits this is what he intended to do. I think this gives me grounds to annul the marriage.

He disagrees, saying that spouses have no legal obligations to each other in the U.S.

Right now this is simply an academic point of contention between us. Regardless of what else happens we'll divorce. I'm wondering if there are any resources online that spell out the basic legal responsibilities of spouses to each other? If nothing else, there ought to be responsibilities for immigration purposes. I find it highly doubtful that it would be impossible for a marriage to be a sham for a visa as long as one partner believed it was genuine.

To sum up: what are the bare minimal responsibilities spouses have to each other before one spouse is scamming the other to the point that the marriage is not genuine? This would either be in New York State to prove grounds for an annulment, or on the Federal level to prove grounds for immigration fraud?
 
what are the bare minimal responsibilities spouses have to each other before one spouse is scamming the other to the point that the marriage is not genuine? This would either be in New York State to prove grounds for an annulment, or on the Federal level to prove grounds for immigration fraud?


If you foolishly agreed to sponsor any alien to allow him/her entry into the USA and a path to citizenship, you're on the hook to be his/her daddy or mommy for decades.

Its all spelled out in the sponsorship forms you signed.
The only way out is to die.
I've been told, without firsthand knowledge that if the alien batters you endlessly, brutally some of that burden could be removed.
That however, is merely hearsay, as its common knowledge that you're screwed by sponsoring any alien.

You are always FREE to HIRE an immigration attorney to see what can be undone, or report the alleged fraud to these folks: www.uscis.gov or call them, visit them, and see if there is any relief, or anyway out.

You are free to divorce the lying scoundrel, but you'll still be on the hook to care for yoru adult BABY for decades.

A divorce will at least get that thing out of your home, but you'll still be paying for his lazy carcASS and his womanizing or maninizing.
 
If you foolishly agreed to sponsor any alien to allow him/her entry into the USA and a path to citizenship, you're on the hook to be his/her daddy or mommy for decades.

This is not relevant to my question. I'm asking what the minimal responsibilities spouses have to each other as part of proving a marriage should be annulled/declared a sham.

There are both immigration standards for a genuine marriage and New York State standards, but I'm having trouble finding them online.

I'm not in the U.S. right now (I'm on a six month working holiday) and there aren't a lot of legal resources for Americans outside the U.S. If I was in the U.S. right now, I could visit a lawyer's office and get a free initial consultation and enough basic information to answer my questions.

When I get back to the U.S. I'll hire a lawyer and start the legal process, but I'd like to try to prepare before that point.
 
This is not relevant to my question. I'm asking what the minimal responsibilities spouses have to each other as part of proving a marriage should be annulled/declared a sham.

You agreed to sponsor the alien and married the alien.
Normally your responsibilities would end after the divorce, especially if the marriage were short in duration.

By agreeing to become financially responsible in bringing the alien to the USA, even when the marriage is demolished by divorce, your financial obligations linger for years, like the stench of roadside carrion.

The sponsorship agreement you signed, as explained by USCIS:
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Affidavit of Support
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The law concerning affidavits of support is found in Immigration and Nationality Act (INA) sections 212(a)(4) and 213A. The provisions are codified in Title 8 of the Code of Federal Regulations (CFR) at 8 CFR 213a.
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Spouses do not have a legal responsibility to one another in the US, however, if one uses deceit or substantially misrepresents themselves in order to obtain the marriage, it may be annulled and divorce is much easier to maintain. This does NOT change just because one of you happened to be born a citizen of another country. It very well could be immigration fraud. You don't say how long ago this all took place. If many years have passed, you are going to have a very difficult time proving you were scammed as you tolerated it for so long. By and large, how a couple conducts themselves inside a marriage is of no matter to the courts. Many couples have only one working spouse or one who appears to be a sponge. You are not however, stuck with this guy for life. You can still contact a lawyer from overseas.

http://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter1-9.html

https://www.ice.gov/identity-benefit-fraud
 
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