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Annulments for immigration marriage fraud.

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OverviewWhere fraud is proven in state court.

Annulments are state-based proceedings that provide victims of immigration marriage fraud with a legal forum for adjudicating whether fraud occurred. We help prove marriage fraud in family court in consultation with local family counsel.

Deliverables
Fraud Assessments, Briefs, Discovery & Cross Exam Prep
Timeline
Typically 2–4 weeks (per deliverable)
Value
Deep expertise, increased speed and capacity for local counsel

Requires you to retain a local family attorney.

Requirements for annulments vary from state to state. You must rely exclusively on your family attorney for legal advice relating to state law.

The BenefitsWhat an annulment can do that a divorce cannot.

A divorce ends a legally valid marriage. An annulment based on fraud voids the marriage from the beginning. The difference matters.

  • A judgment of fraud, on the record.

    In family court the perpetrator of fraud can be deposed, forced to turn over evidence, cross-examined under oath, and adjudicated to have committed marriage fraud.

  • A marriage treated as if it never existed.

    A judgment of nullity declares the marriage void from the outset, not merely dissolved going forward — closure a divorce decree cannot replicate.

  • Less exposure to liabilities a divorce leaves behind.

    An annulment may reduce state-based liabilities, surface I-864 defenses unavailable in standard divorces, and can lead to a terminating event for your I-864 obligations.

  • A resolution that matters for certain cultures.

    For some victims, divorce is not acceptable. A judgment of nullity affirms that no valid marriage ever existed — a finding that matters in some religious traditions.

The ProcessHow we support a marriage-fraud annulment.

01

Strategy Development

We support you and your local family attorney before and throughout litigation by providing immigration-law expertise that informs case strategy, while your family attorney retains full responsibility for state-law issues, filings, and courtroom representation.

02

Fraud Investigations

Our fraud investigations establish the factual foundation for your case. We collect and authenticate evidence, conduct independent research, interview witnesses, and coordinate forensic analyses when needed. The result is a verified timeline and witness dossiers that drive our fraud assessments and legal strategy.

03

Fraud Assessments

Our fraud assessments provide a formal legal opinion from an attorney on whether immigration fraud occurred. We apply complex federal immigration law to the verified facts of your case, evaluate the evidence under the correct circuit standards, and deliver a clear roadmap of your options.

04

Legal Briefs

We can prepare two types of legal briefs for local counsel: I-864 enforcement briefs analyzing liability exposure and defenses, and annulment briefs outlining applicable blackletter law, binding authority, and persuasive precedent governing annulments based on immigration marriage fraud.

05

Discovery Requests

We support your local family attorney in developing targeted discovery — including interrogatories, requests for production, requests for admissions, and subpoenas — designed to surface investigative leads, expose inconsistencies, and obtain evidence relevant to proving immigration marriage fraud.

06

Cross-Examination

We support your local family attorney in preparing cross-examination for depositions and trial, developing focused questioning designed to establish key facts, test credibility, and expose inconsistencies or contradictions relevant to immigration marriage fraud.

07

Fraud Reporting

If a final judgment of nullity is entered, we can assist with fraud reporting to relevant federal agencies for administrative review or potential criminal investigation of marriage fraud.

Why Codias Law?What we bring to a fraud annulment.

Codias is built around proving immigration marriage fraud. Here’s what we bring to the state-court side, alongside your family attorney as lead counsel.

  • 01

    Immigration expertise.

    • We know immigration law.

      Federal statutes, regulations, and case law governing marriage fraud.

    • We know fraud.

      A practice built around immigration marriage fraud — the schemes, red flags, and patterns.

  • 02

    Speed and capacity.

    • We accelerate the case.

      Experience cuts the learning curve — we arrive ready on day one.

    • We add capacity.

      Family law attorneys are busy, often in court. We work in parallel.

  • 03

    Maximum impact.

    • We surface evidence others miss.

      We know where to look — immigration filings, visa applications, employment records.

    • We notify federal agencies.

      We ensure that state court judgments are properly considered by federal adjudicators.

Federal ConsequencesAnnulments can lead to removal and prosecution.

For the foreign national, an annulment based on fraud in state court can justify not only removal, but a permanent bar from ever immigrating to the United States. No waiver is available.

  • INA § 237

    Loss of lawful status and removal.

    Lawful permanent resident status obtained through the annulled marriage can be revoked and removal initiated — a retroactive judgment of nullity eliminates the marital basis for the original benefit.

  • INA § 204(c)

    A potential permanent bar to future petitions.

    Fraud findings can trigger the marriage fraud bar, permanently barring the foreign national from immigrating to the United States. Federal agencies decide the question, but can take notice of a state court’s fraud findings.

  • 8 U.S.C. § 1325(c)

    Possible federal criminal exposure.

    Marriage fraud is a federal felony — up to five years in prison and $250,000 in fines. A state-based finding can increase the chances of federal criminal investigations, prosecutions, and denaturalizations.

  • 8 U.S.C. § 1183a

    Implications for I-864 sponsor liability.

    A fraud annulment may open I-864 defenses not available in a standard divorce, and a fraud finding can trigger removal, a terminating event of the I-864 statute.

FAQs

What is an annulment?
In many states, an annulment is a court order declaring that a marriage was legally invalid from the beginning due to a fundamental defect, such as fraud, lack of consent, or incapacity. Unlike divorce, an annulment treats the marriage as void rather than terminated.
Do you handle my annulment in court?
No, your local family attorney handles the annulment in court, not us — they are lead counsel, advising you on state law, making the filings, and representing you. We work alongside them, supplying the immigration-fraud analysis, investigation, evidence, discovery, and cross-examination preparation that family practices typically do not have in-house.
Why do I need an immigration firm if I already have a family lawyer?
Annulments based on immigration fraud sit where family law and federal immigration law meet. Family attorneys are experts in state law but are not expected to know immigration-fraud schemes or how to investigate and prove them. We supply that missing layer so your counsel can litigate the fraud effectively.
Can an annulment reduce my financial liability?
Yes. An annulment may reduce your financial liability. In some states, voiding the marriage can eliminate state-based liability that would otherwise arise from a divorce and, in some jurisdictions, can impact federal I-864 liability. You must rely on your family attorney to advise you on your particular state laws.
Can USCIS or the BIA recognize annulments?
Yes. DHS and the BIA look to state law to determine whether a marriage was valid under the place-of-celebration rule or INA § 204(c). Immigration adjudicators may also take administrative notice of state-court judgments — including annulment decrees — when evaluating eligibility for immigration benefits.
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