In re Marriage of Rabie

In re Marriage of Rabie (1974) 40 Cal. App. 3d 917, involved a person who allegedly married in order to obtain a green card. The man, an Iranian citizen, met and immediately proposed to a United States citizen. (Id. at pp. 919-920.) They married and the wife applied for a green card for her husband. They lived together for six months and a child was conceived. (Id. at p. 920.) After the husband obtained the green card, the marriage rapidly deteriorated and the parties separated. (Ibid.) The wife filed for an annulment after she learned from others that the husband had married her in order to obtain the green card. (Id. at p. 921.) The trial court granted the annulment, finding that the husband fraudulently induced the wife to marry him in order to obtain the green card. (Ibid.) The appellate court affirmed, finding substantial evidence to support the trial court's finding. The substantial evidence included (1) the hurried marriage despite evidence the husband had a low opinion of his wife; (2) his statements to others that he only married his wife to obtain a green card; and (3) the rapid disintegration of the marriage as soon as he reached his goal. (In re Marriage of Rabie, supra, 40 Cal. App. 3d 917, 921-922.) There was also ample evidence that the husband never intended to carry out his marital duties. (Id. at p. 922.) The court applied the rule stated in Bragg v. Bragg (1934) 219 Cal. 715, 720, 28 P.2d 1046: "'The general rule is that before one of the spouses is entitled to a judgment of nullity on the ground that the marriage was induced by fraud, it must appear that the respondent has made false statements upon matters which the state deems vital to the marriage relationship, or the evidence must be clear to the effect that the spouse against whom the judgment of nullity is sought at the time the marriage was contracted did not intend to perform marital duties, but on the contrary assumed the relation with the sole intent of . . . gaining thereby some advantage which inheres in the matrimonial state.'" (In re Marriage of Rabie, supra, 40 Cal. App. 3d 917, 921.) Accordingly, the Rabie court said: "Where fraud is so grievous that it places the injured party in an intolerable relationship, it robs the marital contract of all validity. Equity will not deny relief where a deceitful plan, laid and consummated, inevitably defeats the essential purposes of a marriage. The evidence here, therefore, constituted an adequate basis for a judgment of nullity." (Id. at p. 922.)