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turnanburn · May 6, 2011, 02:36 PM

I married an illegal and didn't know it. He had purchased a fake BC and with that got a social security number and drivers license. I obtained a divorce as soon as I found out he was as he has sued our current state for workmans comp and received a settlement. I didn't want any part of his fraud. He went to federal lockup after our divorice for illegal reentry and illegal in possession of firearms, he even pled guilty to those charges. His home county Canada does not want him back, or is dragging their feet to come get him and so we had to let him out of jail after he served 90 days past his sentence. He never informed me of being illegal and he never asked me to help him get a green card... would this be fraud against me?
Thanks

JudyKayTee · May 6, 2011, 04:07 PM

Do you mean could you be charged with fraud?

Possibly. That would depend on whether it is believable that you did not know, never suspected.

ScottGem · May 6, 2011, 05:18 PM

Why did you need a divorce? If he falsified the marriage license, the marriage was illegal and all you needed was an annulment.

Whether he committed fraud against you or not is a moot point what do you think that gets you?

AK lawyer · May 6, 2011, 06:19 PM

Originally Posted by JudyKayTee

Do you mean could you be charged with fraud?

Possibly. That would depend on whether or not it is believable that you did not know, never suspected.

Also it would depend on whether the OP did anything to assist him in his fraudulent activities. From what she says, I don't see that she did.

JudyKayTee · May 7, 2011, 05:05 AM

"I didn't want any part of the fraud" but benefitting from the fraud and reporting the fraud are two very different things. I'm saying she could be charged. Whether she's found guilty, well, that's always another story.

turnanburn · May 7, 2011, 10:38 AM

Hey there,
I didn't know anything about who he was until after he received a settlement. I didn't benefit at all from his settlement and he spent it all withen two months and I did report his actions to SSI and the state when I found out who he really was. I was advised by an attourney to get a divorce even though it was very obvious that is wasn't legal on his part anyway. My ultimate question is, because he didn't adivse me of who he really is or ask me to even help him get a green card, is that not called fraudulant marriage. I would have never married him if I knew who he really was. He has nothing I want and I never took anything from him, I just was wondering if him falsifing who he was to me, is that illegal?
Thanks

AK lawyer · May 7, 2011, 12:08 PM

Originally Posted by JudyKayTee

... benefitting from the fraud and reporting the fraud are two very different things. ...

With certain exceptions, the general rule is that one doesn't have a duty to report a crime.

Originally Posted by turnanburn

... I would have never married him if I knew who he really was. ...

You have me curious: you wouldn't have married him if you knew he was not a citizen, if you knew he falsified some documents, or if you knew what exactly?

Originally Posted by turnanburn

... My ultimate question is, because he didnt adivse me of who he really is or ask me to even help him get a green card, is that not called fraudulant marriage. ...

You can call it that if you want. But to my way of thinking for something to be fraudulent there has to be a lie and the lie has to be made for some financial gain. I don't know if he gained anything financially by lying to you.

Originally Posted by turnanburn

... I just was wondering if him falsifing who he was to me, is that illegal?
...

If he made false statements on the marriage license application, probably.
Is it a crime for him to have lied to you? Not that I know of. What state were you married in?

JudyKayTee · May 7, 2011, 12:46 PM

Originally Posted by AK lawyer

With certain exceptions, the general rule is that one doesn't have a duty to report a crime.

Not arguing with your law degree BUT I am former US Government. If a person benefits - receives ANY benefit - from an illegal act they are subject to prosecution. If this person did not work but supported OP I would question why SHE didn't question where the money was coming from.

But I bow to your experience.

turnanburn · May 7, 2011, 01:24 PM

OK,
1) I would not have marrried him if I knew he was illegal
2) All I knew was who he told me he was, and that he was on workmans comp for being hurt
3) I did not gain finacially from him whatsoever
4) I had no idea at all who he was until I was informed by his exwife and then I went to an attourney
5) I am not worried about being charged with anything because I didn't do anything but marry this guy ( he produced a US drivers license and had an SS#) I didn't know until after we were married that they were fake or obtained fraudulantly and then I got away from him fast
6) He gained finacailly from me plenty, as his initially workmans comp money was little and I supported him for alomost a year. Not knowing he was illegal
7) After I found out who he really was, I did call SSI and reported him.
So now that I cleared this up... did he break a law by falsifing who he was to me or not.
Thanks

JudyKayTee · May 7, 2011, 01:27 PM

Thanks for the info - cleans things up for me. You supported him? Okay, you sure as heck did not benefit.

I am reading that using false ID is a crime and the charges vary according to the reason. If you are thinking of suing him (and I don't know that you are) I don't see that you have anything to gain. He apparently has nothing.

If his activities have come to the attention of the legal system (and it appears that they have) I would think that the legal system would hold him responsible.

turnanburn · May 7, 2011, 01:29 PM

They are doing nothing.. it blows me away. He has a piece of property that he purchsed with this settlement. I would love to sue him and get that land and sell it to give all his kids he has spread over two countries some sort of compensation for hurting them so bad. That is all I want, and I don't even want it for myslef

JudyKayTee · May 7, 2011, 01:34 PM

I don't see you have grounds. Of course, you MIGHT be able to find an Attorney to sue on the grounds of mental suffering, something along those lines, you gave him money/supported him under false pretenses, something like that.

Of course, by the time the Attorney takes his fee -

turnanburn · May 7, 2011, 01:34 PM

His country does not want him back because he owes themalot money and they do not want to support him due to him being almost at retirement age. Canada knows who he is, our government knows who he is and neither of us want him but Canada has to take him back and they don't want him at all

ScottGem · May 7, 2011, 02:16 PM

Yes, he committed a fraud against you. That fraud nullified your marriage.

But I also see no grounds for a suit against him. I would, however, consult an attorney to make sure. Its possible the fact that you supported him based on that fraud, may give you grounds for a suit.

AK lawyer · May 8, 2011, 06:55 AM

Originally Posted by turnanburn

He has a piece of property that he purchsed with this settlement. I would love to sue him and get that land and sell it to give all his kids he has spread over two countries some sort of compensation for hurting them so bad. That is all i want, and I dont even want it for myslef

Did you know he had the land when you got the divorce? If so, then would have been the time to ask for that.

JudyKayTee · May 8, 2011, 09:28 AM

If he was collecting benefits fraudently I'll be VERY surprised if the Government hasn't already made moves on the property - as I think I said, I'm an ex-"Fed" and that's certainly one of the first things we did.

(Right after we seized your vehicles.)