You do not indicate how long you are married. From the information that you provided, the level of duress necessary does not seem to be present in your case. However, if you can support your allegations that you were deceived into believing that immigration was not a factor in his decision to marry you and in fact it was the only consideration, you may be able to convince the judge that your spouse married you under fraudulent representations and that an annulment is in fact warranted.
You may also be able to file for divorce based on some other grounds, especially if we can have the cooperation of your spouse in this matter.
If you’re living in the New York City metropolitan area, please call me at 212-370-1660 to arrange for an appointment to discuss the matter had greater length.
Leonard M. Weiner, Esq./Divorce Solutions