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The laws concerning marriage are very precise. Certain legal technicalities must be followed or the marriage can be challenged.
I discovered that my marriage included a witness, my stepson, who at age 4 could not be said to understand what we witnessed. I have contested the legitimacy of the marriage.
The first step, at least in California, is to challenge the wedding license itself. I did so. The San Diego clerk ruled it valid. I appealed to the Secretary of State. That office sided with me.
This does not mean I was not married. It means any certificate showing I was married is void and if my ex wants to say we were married, which her VAWA visa depended upon, she needs to petition a court in San Diego to rule so.
This was all started a few years ago. I did get my ex deported through actions not involving this, she then married another USC who has since gotten a restraining order against her.
I'm mentioning this both to anyone out there who is a victim of marriage fraud or to anyone thinking of marrying a non US citizen. Know the marriage laws and make sure your ceremony violates one of them. Makes no difference if things work out but if not....
I'll now be challenging my Arizona divorce on the pretense that there is no proof of marriage. If I win that then I can try to moneterize things.
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