Marriage Fraud and time passed

[katie25624]

Hello,

I have a friend (Canadian citizen) who has been married for 8 years to an immigrant. The relationship has become nonexistent and abusive. He wants out but is afraid of losing custody of his child. His marriage shows the classic red flags of marriage fraud: she pushed him very quickly to get married close to when her visa to be in Canada was about to expire. She found her own lawyer to arrange the marriage, bought the ring, and had it over in the flash of an eye. Now they merely cohabitate and she has become mentally abusive. He makes a good living. She does not work or contribute to the household in any way.

My question is: would it be impossible for my friend (the Canadian citizen) to still prove marriage fraud in a court of law 1) after they had a child together and 2) after they have been together for 8-10 years. He believes that he is stuck in an abusive marriage because too much time has passed for him to claim that his marriage was immigration fraud. Is there a time limit on claiming marriage fraud?

 

[Futurism]

I don't get it. If somehow he proves that it was marriage fraud after 8 years and she gets kicked out of Canada, he probably will never be able to see his child again. Or let's say he has the custody of the child, then she won't ever see the child again. Is this really healthy for the kid? Just tell him to calm down stop being selfish and look for solutions for a "healthy" divorce for the kid.

 

[heystop]

been married for 8 years and had kid, definitely it has nothing to do with marriage fraud.it's obvious that Your friend wants the full custody and kicks her out of Canada after almost 10 years of marriage. Stop being selfish and think about the kid. There is no red flag of fraud , what kind of fraud would last for 8 years? Get a divorce lawyer and divorce her, that's it.

 

[scylla]

It's far too late to claim marriage fraud. Also - nothing about this looks like marriage fraud given she has remained with him (rather than leaving as soon as she had PR).

He's not stuck in an abusive marriage. He can certainly leave. He should document the abuse before he separates from his spouse and hire a good family lawyer to assist with determining custody rights for his child.