David Brandon v. Sarah Brandon

California Family Code Section 2210(d) generally provides that an annulment based on fraud may be had in extreme cases where the particular fraud goes to the very essence of the marriage relationship. (In re Marriage of Meagher and Maleki (2005) 131 Cal.App.4th 1, 3.) It is contended that whether the party(ies) intend to continue the married state beyond obtaining a green card goes to the essence of the marriage relationship. California does not recognize this as a form of marriage fraud rising to the level of annulment. It is further contended that because Immigration Marriage Fraud is a Federal issue and dissolution of marriage is a State issue, individual US citizens have no recourse against foreign nationals that violate Federal Immigration Laws regarding fraudulent marriage because States do not recognize Immigration Marriage Fraud. States, in particular California, do not recognize Federal Immigration Marriage Fraud as a basis for granting annulment by reason of fraud. The question, therefore, presented is: Are the States, in particular California, required to recognize Immigration Marriage Fraud as a basis for annulment in their dissolution of marriage statutes?