BLOG

Trial Begins For Actress Accused Of Fraudulent Marriage

By Leeds Brown Law | August 30, 2010

Authorities have charged a Mexican born actress and her US citizen husband with entering into a fraudulent marriage to gain permanent resident status in the United States. Assistant U.S. Attorney James Left showed a picture of Fernanda Romero and Kent Ross on their wedding day but said the appearance was deceptive. Left states that, “It was a sham marriage.” Romero and Ross have each pleaded not guilty to charges of marriage fraud and making false statements. If convicted, they could each face a maximum prison sentence of five years. Prosecutors claimed that since their marriage in June 2005, they have maintained separate homes, dated other people and repeatedly lied on immigration forms. Prosecutors will present witness testimony from people who claim Romero and Ross told them the marriage was a fraud. The government claims Ross was paid $5,000 to marry Romero so she could obtain permanent resident status. Defense attorneys deny this assertion and hold that the couple has an unconventional yet passionate relationship and are still married. While marriage fraud cases are often handled in administrative immigration proceedings, the state will pursue criminal charges in this case because there was overwhelming evidence the marriage was fake.  Romero who has been living in and out of the U.S. for a decade, was a member of the Mexican pop group Fryzzby and had a small role in the 2009 film “Drag Me to Hell.” Full Article

Under NY Domestic Relations law, annulment renders marriage voidable, not void by focusing on the spouse’s status on date of marriage.  Grounds for annulment in NY are (i) infancy, (ii) physical or mental incapacity on the marriage date, (iii) fraud, and (iv) duress.  There is no right to an annulment it is always discretionary with the court.  Testimony of one spouse is not allowed and testimony must be corroborative.  Fraud is the misrepresentation or concealment of information by one fiancée prior to the marriage that goes to an essential aspect of that marriage that is calculated to deceive a reasonably prudent person. When a spouse consents to the marriage contract, but the consent is obtained by fraud, then the marriage is voidable.  To constitute fraud, the spouses fraudulent statements must have been a material inducement for the plaintiff to enter into the marriage contract. Annulments will not be granted if any time before commencing the action the plaintiff voluntarily cohabitated with the defendant with full knowledge of the fraud.  The statute of limitations to bring a claim for Fraud is limited to three years which begins to run on the date in which the fraud takes place.  It is important to note that changing your mind after your married is not considered to be fraud in the inducement.

Leeds Morelli & Brown P.C. is an experienced domestic relations firm in New York that works hard to achieve divorce judgments that are in the best interests of their clients.  The firm handles a full range of domestic relations issues including annulments based on fraud, bigamy, incest and infancy, as well as issues related to spousal maintenance and the equitable distribution of assets for divorce judgments.  If you are seeking a separation agreement, divorce action, annulment or other family law action please contact Leeds, Morelli & Brown, PC at 1-800-585-4658 for a free consultation or view their web page at www.lmblaw.com.

Free Consultation

Testimonials

Shortly after beginning medical school, I experienced some academic difficulties. After seeing my physicians, I was diagnosed with ADHD. After I started receiving specific treatment for ADHD, I requested the school to accommodate me for the disability as recommended by my physician. One of the requests made was for extended time to take my exams. The extension of time was granted...

~Kenneth Broodo, Esq.

Partner at Gardere Wynne Sewell LLP
I hired Lenard Leeds, Esq. to assist me with my wrongful termination. I was let go of my position because of my age. I was not only told to take a decrease in pay but also required to work fewer hours to do the same job. Additionally, they kept asking me “When are you going to retire?” I visited the...

~SanFranReview

I want to thank you again for assisting me in overseeing my issues with my employer. This is the second time I have used Lenard Leeds, Esq. to fight for me. This time I was a National Sales Manager of a drug company, where acts of discrimination based on my age, national origin and retaliation took place. Mr. Leeds and...

~Law Professor

Discrimination Case

$19 Million

Settlement Secured in a National Origin
View More

Request Free Consultation

Please fill out the form below to receive a free consultation, we will respond to
your inquiry within 24-hours guaranteed.

LONG ISLAND

One Old Country Road, Suite 347 Carle Place, NY 11514

516-873-9550

get directions

DOWNTOWN

570 Lexington Avenue, Suite 1600A New York, NY 10022

212-661-4370

get directions

DOWNTOWN NYC

101 Greenwich Street, 22nd Floor New York, NY 10006

800-585-4658

get directions
Call Now!