While my husband still hasn’t gotten his interview for citizenship, can I sue him for lying to me about marriage to get citizenship or report him to homeland security?

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While my husband still hasn’t gotten his interview for citizenship, can I sue him for lying to me about marriage to get citizenship or report him to homeland security?

Recently, my husband asked for a divorce. I found out that he married me just to get U.S. citizenship;I found that he texted his ex-wife that they’re going to be together soon. However, we’ve signed a prenup that if we get divorced, I get nothing.

Asked on July 21, 2019 under Family Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

You can certainly report him to Homeland Security or CBP. You can also annul the marriage (void it so that it never happened) since you can evidently prove that he married you only for citizenship: lying about the reason for marriage or marrying only for citizenship is the sort of fundamental marital "fraud" that supports annulment. This may also impact his citizenship, though you should consult with an immigration attorney to better understand the impact of an annulment vs. divorce, to see how they impact citizenship.
You cannot sue him, however, other than for divorce or annulment: the law does not provide a cause of action or compensation for this.


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