False marriage licenses are a real problem in Texas. Entering into a marriage for illegal reasons happens with some frequency for immigration reasons. A person seeks to marry you for no other reason than to help him or her remain in the United States on a visa. Manipulating the immigration process in the United States occurs this way. As a result, your spouse-to-be is thinking that you are their ticket to remaining in this country for the foreseeable future.
A common situation that is familiar to us is the mail-order bride. We see this as a premise for movies and television shows all the time. However, it is an all too real phenomenon in the worlds of family law and immigration law. Being able to have your marriage discovered as invalid is not what you want.
Yet another situation that involves marriage fraud occurs when a person would pay you to marry. This is a financial transaction that takes money from your fiancé and puts it in your pocket. There is no intent to live as husband and wife in this transaction. Rather, your fiancé is attempting to shrug off any responsibility for their actions. By claiming that their intent to marry relates to love and affection, your fiancé would try to fool authorities and the State of Texas.
Fake marriages and immigration in Texas
With Texas being a border state, the issue of marriage fraud takes on added intrigue. Many Texans have connections or at least an interest in countries to our south. Because there is such a great desire for immigration to our country fraud is always a possibility to occur.
To become a legal resident of the United States there are steps in the process which you must follow. There is a waiting period brought about by there being many applications for citizenship papers and visas. Applying for asylum based on dangerous political conditions in a home country is not easy, either. The desire for a better life in America coupled with the struggles faced by families in this application process are notable. It is easy to see why people sometimes take less than honorable paths toward attempting to gain legal status as immigrants.
What are the different routes towards legal immigration in the United States?
Marriage fraud is a problem in our state but there are legal routes towards gaining citizenship and visa status. Coming to the United States with your family provides a strong reason to grant visas to keep your family together. Choosing to work in the United States in certain areas of the economy means getting an opportunity to have a visa presented to you. Refugee and asylum methods for gaining legal entry to the United States are also viable choices for you or a family member to consider.
How immigration enforcement factors into the discussion
The enforcement of immigration laws makes a huge difference when it comes to fraudulent marriages in Texas. Immigration and Customs Enforcement (ICE) keeps an eye on marriage fraud. Violating immigration laws in the United States puts you in a position where deportation is an option. Having the perspective of an experienced immigration attorney is helpful during a time like this. The attorneys with the Law Office of Bryan Fagan can help you with the family law-related aspects of your circumstances. We offer free-of-charge consultations six days a week where you can ask questions and gain important information.
How Economics Impacts Marriage Fraud in Texas
Desiring a better future for yourself certainly impacts the push for engaging in marriage fraud. Obtaining a marriage license fraudulently violates state and federal laws. Being in this country through illegal means has far-reaching impacts on our economy, as well.
Immigration impacts the economy of the United States. Consider the wages for workers impacted by the availability and skill of immigrant workers. Entrepreneurs need employees to work at newly started businesses. Many immigrants fulfill those roles for small business owners. Without immigrants, these businesses are not as financially viable in many cases. Immigration impacts economic growth and the job market
Immigration law breaking impacts the economy and positive immigration. The State of Texas looks closely at these trends given our large immigrant population here. Impacts occur to jobs of all kinds by trends in immigration. Here is more on how that works out in our economic and job markets.
What is the integration process like for immigrants?
Since the beginning of our country questions are asked about how best to integrate immigrants into our society here. Different people have offered different opinions and methods as to how to accomplish the goal of integration. Still, others maintain that integration is not a noteworthy goal. The argument goes like this: Immigrants live as they did in their former homeland without needing to assimilate or integrate.
Being able to speak English is an important part of assimilation as an immigrant. Possessing even basic English language skills makes life easier for a newly arrived immigrant. This is true both when it comes to culturally learning your new home and finding gainful employment. Do not underestimate how language is the key to learning how to function well in a new country.
Gaining an education in your new home is a crucial step towards assimilation, as well. Learning how to speak the language, pay bills, engage in leisure activities, and even find a grocery store occurs through training. Finding support systems in your area also helps with the integration process. Finding different methods geared toward assimilation are worthy goal to have once arriving in the United States.
Beginning the process of marrying in Texas
Seeking out a marriage license is the first step towards marrying legally in our state. Applying for a marriage license in the county where you and your spouse reside is the basis for this process. Following all the steps required of the county helps to reduce the likelihood of marriage fraud occurring in Texas.
Annulling a marriage
Declaring a marriage null and void is the definition of an annulment. Going through an annulment causes it to look like the marriage never happened, legally. A divorce, on the other hand, ends a valid marriage. An annulment determines that your marriage was never valid in the first place. There are specific time limitations to obtaining an annulment that you need to look into.
Do you think that your marriage is invalid? Obtain your marriage license recently? If so, contacting the Law Office of Bryan Fagan is an important part of beginning your annulment process. Our experienced family law attorneys can help you to learn more about this process. After speaking with us you will have a better level of understanding whether an annulment is possible for you.
The longer you wait to begin the annulment process the more difficult it is to present your case. Once available evidence may no longer exist. Obtaining witness testimony is easiest immediately after an event occurs. Waiting until the last possible minute to explore your options reduces your likelihood of success. Call the Law Office of Bryan Fagan now to start to learn about your options from our experienced annulment and family law attorneys.
Why is it so important to hire an attorney for your annulment?
Unlike a divorce, an annulment is no sure thing. Your “spouse” may be pursuing a divorce from you while you wait to determine if an annulment is possible. Having advice at a time like this is critical. In many ways, an annulment is more complicated and fact-specific than a divorce. There will need to be a thorough examination of the circumstances surrounding the supposed marriage. Determining the validity of your marriage is something an attorney can help you assess.
Of legal advice, you need to understand that awarding an annulment occurs when certain conditions exist. It is not a situation where you can allege any ground you would like for the annulment. Rather, an annulment must be based on the laws of Texas. Furthermore, you need to file for the annulment within a certain amount of time.
What is the waiting period for marrying in Texas?
Before getting married you must wait at least 72 hours. There is a waiting period that must be abided by. In Texas, the waiting period is 72 hours. After waiting 72 hours your marriage license is valid. It is ok to now get married Waiting 72 hours means passing the test of whether the marriage license is valid or not.
Obtaining a divorce affidavit
When wanting to end a marriage it is crucial to obtain a divorce affidavit. This document will ensure that you follow the legal process inherent in obtaining a divorce. Inserting information about your marriage within the divorce affidavit is necessary. Why you are seeking a divorce is also part of this document. Going to court for your divorce? This affidavit can be used as evidence at that point.
An affidavit is a sworn statement under oath. Putting your best foot forward in a divorce case means stating your case within this affidavit. Completing a divorce affidavit is the same as stating the basics of your case within the four corners of this legal document. Being honest and detailed in your divorce affidavit allows you to submit the clearest information to a judge.
Your grounds for divorce are contained within the divorce affidavit. These are the specific reasons why you are filing for divorce. Having minor children in the case makes it so you need to spell out their ages, addresses, and other details.
International factors to consider when divorcing
Suppose that yours is a valid marriage and you now need to move forward with a divorce. There are several factors that you should consider to keep yourself and your children protected. Step one is to understand what your risks are as far as custody of your children is concerned. Has your spouse voiced an opinion of wanting to take the children to their country of origin? Has he or she tried to take the children without asking you? Consider these circumstances before engaging in the negotiation process.
Placing protections against international abduction is necessary when your spouse has attempted to take your children across borders without your permission. You cannot be too safe when it comes to these sorts of situations. Placing passport holds and other protections within the divorce decree helps limit the exposure your children have to being abducted or taken to another country without you knowing. Peace of mind is hard to come by in situations like this. Having basic protections like this within your orders helps a great deal.
Property division in Texas divorces
Divorcing in Texas means being aware of the Community property laws of Texas. Dividing up marital property in Texas starts with an assumption under the law that all property at the time of your divorce is subject to division. It is possible to present evidence to contradict this assumption. That means preparing a case and being diligent.
Keeping accurate and up-to-date records on the property that you own is a good first step in this process. This means receipts from retail locations where the property was purchased, bank statements showing withdrawals of money, and referring to the date on which a title came into your name for a piece of real estate. All of this is relevant and necessary when proving community or separate property in a Texas divorce.
Achieving fair results when dividing property in Texas means having evidence and being able to effectively present that evidence in court. The attorneys with the Law Office of Bryan Fagan are uniquely suited to be able to do this. Please contact us today for a free-of-charge consultation where you can discuss the subject matter with one of our experienced family law attorneys.
Child support in Texas divorce cases
Determining an appropriate amount of child support for your divorce case is extremely important. Child support is something that matters a great deal both now and in the future for your child. Being able to support your children means having child support that can be depended upon over many years. Preparing for a divorce case means understanding how child support is calculated in the importance of having a plan regarding this subject.
Understanding your responsibilities as a parent when it comes to child support is crucial to the success of your children in the future. This is especially true going into a divorce where your Co-parent may not be living in the United States. International divorces involve unique issues and circumstances. Being able to understand these complex subjects is essential.
Involving the help of an experienced family law attorney provides you and your family with a major advantage. Knowing the process involved in a divorce can be the difference between success and failure in a divorce. Wandering into a divorce is entirely possible. However, wandering out of a divorce with any goals accomplished or achieved is much more difficult.
An experienced family law attorney is worth their weight in gold in terms of your case and the subject matter related to it.
Final thoughts on marriage fraud in Texas
considering all of the different circumstances that may be involved in your family law case, being diligent about these issues is among the most important steps that you can take. Focusing on the different reasons for getting married and then spending time examining them can prevent you from getting into a situation in a marriage that you would otherwise want to avoid. We have all been guilty of making decisions that we otherwise would have avoided for one reason or another.
If you are considering marriage to an individual and you have questions about his or her motivation then it is a good idea for you to stop and consider your options at this time. This is especially true when you are being rushed into a decision or belief that this person is not being truthful with you about their intentions. Feeling like someone is trying to take advantage of you likely means that this is the case.
Using common sense and looking before you leap can prevent a circumstance where you have to correct errors made Related to marriage thank you for your time and attention today. We hope you will join us again tomorrow as we continue to share relevant and interesting information about Texas family law.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
If you have any questions about the material contained in today’s blog post please do not hesitate to contact the Law Office of Bryan Fagan. Our licensed family law attorneys offer free-of-charge consultations six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of Texas family law as well as about how your family circumstances may be impacted by the filing of a divorce or child custody lawsuit.
Evan Hochschild was raised in Houston, TX and graduated from Cypress Creek High School. He went on to graduate from Southwestern University in Georgetown, TX with an undergraduate degree in Political Science. While in college, Evan was a four-year letterman on the Cross Country team.
Following in the footsteps of his grandfather and uncle before him, Evan attended law school after he completed in his undergraduate studies. He graduated from St. Mary’s University School of Law and has practiced in a variety of areas in the law- including family law.
Mr. Hochschild is guided by principles which place the interests of clients first. Additionally, Evan seeks to provide information and support for his clients with the heart of a teacher.
Evan and his wife have four small children together. He enjoys afternoons out and about with his family, teaching Sunday school at his church and exercising. A veteran attorney of fourteen years, Mr. Hochschild excels in communicating complex ideas in family law simply and directly.
