Opinion

Elizabeth Anne Dandan v. Saar Dandan

Court
Michigan Court of Appeals
Filed
May 23, 2025
Status
Unpublished
Cited by
0 cases
Authority
More cited than 35.8%

The opinion

If this opinion indicates that it is “FOR PUBLICATION,” it is subject to

revision until final publication in the Michigan Appeals Reports.

STATE OF MICHIGAN

COURT OF APPEALS

ELIZABETH ANNE DANDAN, UNPUBLISHED

May 23, 2025

Plaintiff-Appellant, 9:28 AM

V No. 364860

Isabella Circuit Court

Family Division

SAAR DANDAN, LC No. 22-017876-DO

Defendant-Appellee.

Before: MARIANI, P.J., and MALDONADO and YOUNG, JJ.

PER CURIAM.

Plaintiff appeals by right the judgment of divorce ending the parties’ marriage. Plaintiff

argues that the trial court erred by declining to find that the parties’ marriage was based on fraud

perpetrated by defendant to gain immigration benefits. Plaintiff asks this Court to remand the

matter to the trial court with instructions to make “directed findings on whether the marriage was

fraudulent, allow the presentation of testimony and evidence regarding this issue, or alternatively,

find that there was fraud in the inducement to marry.” We affirm.

I. THE JUDGMENT OF DIVORCE

Plaintiff, a United States citizen, testified that she met defendant, an Arab immigrant from

Israel, in May of 2015, and “fell head over heels for him.” On July 18, 2015, the couple had an

Islamic wedding. Plaintiff added defendant’s name to the title on her house, her utility accounts,

her life insurance, and her bank account, and in April 2016, the parties initiated the process for

obtaining permanent residency, or a “green card,” for defendant with the United States Citizenship

and Immigration Services (USCIS). Plaintiff explained that the green card was “a two-year

conditional,” such that, after two years, the parties had to demonstrate an actual marital

relationship—meaning they had married for love, lived together as a couple, and merged their

assets. According to plaintiff, during those first two years of marriage, the parties had a “very full,

happy life,” and she was “very invested.” They celebrated all the holidays, provided a home for

an exchange student, and traveled together. After plaintiff demonstrated that she had sufficient

income to support defendant, she was approved as defendant’s sponsor, which required her to sign

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an I-864 Affidavit of Support. After an interview in the fall of 2018, USCIS told the parties that

they would be approved and defendant would get his green card.

Plaintiff alleged that, after defendant received his permanent green card, his behavior

changed, and he told her that he had never loved her and had married her only as a way of obtaining

his green card. In the proceedings below, plaintiff testified about many alleged incidents of

defendant’s change in behavior, and his mistreatment of her after he received his green card.

Plaintiff alleged that defendant called her various pejoratives and engaged in incidents of adultery,

and asserted that this change in his behavior was evidence that he had fraudulently married her.

Defendant denied having married for such cynical reasons or having called plaintiff names

and testified that it was only after the couple began fighting that he wanted out of the marriage.

Neither party presented any witnesses or documents to support their conflicting allegations.

The trial court found that there was “fault on both sides,” held neither party primarily

responsible for the failure of the marriage, and included no language regarding fault in the

judgment of divorce. The trial court stated to plaintiff, “If you’re responsible down the road under

the federal rules, that’s the risk you took when you married him and . . . remained married for

seven years,” and added, “I don’t find that it was a fraudulent sham marriage.” The trial court

observed that plaintiff “was asking for an annulment basically,” but “never pled an annulment,

which is what should’ve probably been done.” The court granted the divorce and awarded each

party their own personal property, retirement accounts, and debts, and awarded no spousal support.

On appeal, plaintiff contends that there was clear and convincing evidence that defendant

fraudulently induced plaintiff to marry him, and that the court erred by not issuing such a finding.

We disagree.

A trial court’s factual findings are reviewed on appeal for clear error. In re Mason, 486

Mich 142, 152; 782 NW2d 747 (2010). The reviewing court must afford deference to the trial

court’s credibility determinations. MCR 2.613(C); In re Newman, 189 Mich App 61, 65; 472

NW2d 38 (1991). Accordingly, if resolution of a disputed factual question turns on the credibility

of witnesses or the weight of the evidence, this Court will defer to the trial court’s superior

opportunity to evaluate such matters. People v Sexton, 461 Mich 746, 752; 609 NW2d 822 (2000).

“A finding is ‘clearly erroneous’ [if,] although there is evidence to support it, the reviewing court

on the entire evidence is left with a definite and firm conviction that a mistake has been made.” In

re Miller, 433 Mich 331, 337; 445 NW2d 161 (1989).

The issue of defendant’s motives for marrying came down to a classic he said-she said

credibility contest, with no witnesses or documentation supporting either party’s positions.

Plaintiff’s protestations regarding defendant’s marital motives, relying entirely on her own account

of events, do not leave us with a definite and firm conviction that a mistake was made. We,

therefore, afford due deference to the trial court.

II. ADDITIONAL ISSUES

Plaintiff also raises two additional issues on appeal. First, plaintiff asks this Court to

declare that she “can be relieved of her obligations under the I-864 given the fraudulent nature of

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the marriage.” Second, plaintiff asks this Court to “find that the marriage should be annulled and

the Judgment of Divorce amended to stand as an annulment.” We decline to declare plaintiff

entitled to a remedy that is without legal underpinning.

A. THE I-864 AFFIDAVIT OF SUPPORT

8 USC 1183a(a)(1) sets forth the requirements for a sponsor’s affidavit of support. Subsections

(a)(1)(A), (a)(2), and (a)(3) address the five conditions under which the enforceability of the I-864

Affidavit of Support ends. The corresponding regulations in 8 CFR 213a.2 provide additional

guidance.

More specifically, the recent case of Mao v Bright, 645 F Supp 3d 805 (SD Ohio, Dec 9, 2022),

outlines the pertinent law to address plaintiff’s issues. Because federal law prohibits the entry of

immigrants who are likely to become dependent on public benefits, the federal government

requires a sponsor to sign an affidavit, in which the sponsor agrees to provide financial support in

accordance with USC 1183a(a)(1)(A). Mao, 645 F Supp 3d at 809. “The Affidavit of Support is

a legally-binding contract between the federal government and the sponsor, and may be enforced

by the immigrant, who is the third-party beneficiary.” Id., citing 8 USC 1183a(a)(1)(B).

The sponsor’s financial obligation continues until one of the five termina-

tion events occurs: (1) the beneficiary becomes a U.S. citizen; (2) the beneficiary

can receive credit for 40 quarters of work under the Social Security Act; (3) the

beneficiary is no longer a permanent resident and has departed the United States;

(4) the beneficiary is subject to an order of removal but receives a new grant of

adjustment of status based on a new affidavit of support; or (5) the beneficiary dies.

[Mao, 645 F Supp 3d at 809, citing 8 CFR 213a.2(e)(2)(i).]

“The I-864 Affidavit of Support specifically states that divorce does not terminate the

sponsor’s financial obligation.” Mao, 645 F Supp 3d at 809. An immigration sponsor “need not

be the spouse or intended spouse of the immigrant.” Id. at 811. “The parties’ marital status is

therefore largely irrelevant to an I-864 claim.” Id. Even if the immigrant has waived the right to

spousal support under state law, it “cannot be construed as a waiver of [the immigrant’s] right to

enforce [the sponsor’s] financial obligations under the I-864 Affidavit of Support.” Id. Spousal

support is “completely separate” from the financial obligations of an immigration sponsor. Id. at

812. That is because termination of the sponsor’s financial obligation “through a separate

agreement with the immigrant would . . . defeat the Form I-864’s purpose of preventing admission

of an immigrant that is likely to become a public charge at any time.” Id. at 811 (quotation marks

and citation omitted). Further, 8 USC 1183a “does not give the sponsor any enforcement right or

other cause of action.” Ibrhim v Abdelhoq, 676 F Supp 3d 575, 577 (2023). It is therefore apparent

that, no matter what the trial court had included in the judgment of divorce, plaintiff remains

obligated under the I-864 that she signed, except through one of the five events stated in 8 CFR

213a.2(e)(2)(i).

In Ranjit Singh v United States, unpublished opinion of the United States District Court for

the Northern District of Ohio, issued June 21, 2022 (Case No. 1:20cv799); 2022 WL 2209544, an

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appeal from the Board of Immigration Appeals, the federal district court explained the law

governing I-130 petitions:

When a United States citizen marries a non-citizen immigrant, there is a

process the couple may go through to obtain permanent residence or other adjust-

ment in immigrant status for the noncitizen spouse. The first step in that process is

a Form I-130 Petition which, if approved, allows a citizen to obtain an immigrant

visa for immediate relative. In order to guard against individuals attempting to

subvert immigration laws by fraudulently claiming marriage, USCIS investigates

each couple seeking approval of a Form I-130 Petition. The investigation may

include interviews of the couple, their friends, and/or family. USCIS may also

review the couples’ financial records and consider their daily activities such as

whether they live together and whether they associate with one another’s friends

and family. Petitioners may submit evidence of a bona fide marriage to USCIS

throughout this process, but they are not afforded a hearing prior to USCIS issuing

its decision. It is the petitioner’s burden to establish eligibility in visa petition

proceedings. [Id., 2022 WL 2209544 at *9 (first emphasis added; citations

omitted).]

8 USC 1186a(b) provides, in pertinent part, as follows:

(1) In the case of an alien with permanent resident status on a conditional

basis under subsection (a), if the Secretary of Homeland Security determines,

before the second anniversary of the alien’s obtaining the stays of lawful admission

for permanent residence, that—

(A) the qualifying marriage—

(i) was entered into the for purpose of procuring an alien’s admission as an

immigrant, or

(ii) has been judicially annulled or terminated, other than through the death

of a spouse, or

(B) a fee or other consideration was given (other than a fee or other

consideration to an attorney for assistance in preparation of a lawful petition) for

the filing of a petition under section 1154(A) of this title or subsection (d) or

(petitioner) of section 1184 of this title with respect to the alien;

the Secretary of Homeland Security shall so notify the parties involved and, subject

to paragraph (2), shall terminate the permanent resident status of the alien (or

aliens) involved as of the date of the determination. [Emphasis added.]

Accordingly, the Form I-130 Petition is the first step in the process to obtain permanent

residence for a noncitizen spouse. If the petition is granted, the alien acquires conditional

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permanent-resident status, and must wait two more years while continuing to demonstrate a bona

fide marriage.

Plaintiff relies on Matter of P Singh, 27 I&N Dec 598 (BIA, 2019), an opinion released by

the Board of Immigration Appeals, a section of the United States Department of Justice. In P

Singh¸ the petitioner filed an I-130 petition (or “visa petition”) on behalf of the beneficiary. The

Fraud Detection and National Security Office then investigated the home and family, and its

director denied the visa petition upon finding that the beneficiary entered into his marriage “solely

to obtain an immigration benefit for the beneficiary.” Id. at 599-600. The petitioner never

advanced to the level of signing an I-864 affidavit, because the investigation and denial occurred

before a provisional green card was issued. Plaintiff’s reliance on P Singh is therefore misplaced.

She and defendant were not denied their I-130 petition, having persuaded the immigration officials

that they represented a bona fide marriage. Defendant received his provisional green card when

the parties married. Plaintiff testified that the parties sought a permanent green card after two

years of happy marriage. At that time, plaintiff signed the I-864 Affidavit of Support, which made

her defendant’s sponsor, and defendant was issued his green card. Once plaintiff signed the I-864

affidavit, 8 USC 1183a(a) applied.

Similarly, plaintiff’s reliance on Matter of Monroe, 26 I&N Dec 428 (BIA 2014), is

misplaced. Monroe addressed whether the immigrant could avoid a waiver of deportation on the

basis of extreme hardship. Monroe did not address any issues related to fraudulent marriage or

the Form I-864 Affidavit of Support.

Again, CFR 213a.2(e)(2)(i) sets forth the five termination events that might release a

sponsor from the obligations under Form I-864. Plaintiff has not demonstrated that she qualifies

for any of them.

B. ANNULMENT

Plaintiff also asks this Court to remand this case to the trial court with instructions to change

the judgment of divorce to one granting an annulment, but we note that plaintiff did not raise the

issue of annulment in the trial court, thereby failing to preserve appellate objections. See Wells v

State Farm Fire & Cas Co, 509 Mich 855, 855; 969 NW2d 67 (2022). “However, this Court may

overlook preservation requirements if the failure to consider the issue would result in manifest

injustice, if consideration is necessary for a proper determination of the case, or if the issue

involves a question of law and the facts necessary for its resolution have been presented. ” Tolas

Oil & Gas Exploration Co v Bach Servs & Mfg, LLC, 347 Mich App 280, 289-290; 14 NW2d 3d

472 (2023) (quotation marks and citation omitted). We are not persuaded that any of these

exceptions apply.

It was the trial court that brought up the issue of annulment, having stated that plaintiff, by

raising the “issue of fault,” was actually “asking for an annulment basically,” and “should’ve

probably” so pleaded. The trial court further stated that plaintiff had not cited any caselaw

“establishing that an annulment on the basis of fraud is appropriate under the circumstances,” and

that the court had found none addressing annulment “in a situation of green card fraud.”

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Plaintiff contends that Michigan courts have consistently upheld the principle that, when

one party is deceived into marriage, that marriage can and should be annulled to prevent further

injustice. Plaintiff first cites Gillett v Gillett, 78 Mich 184, 189-190; 43 NW 1101 (1889), in which

a marriage was annulled on the basis of fraud. Plaintiff’s reliance on that case is misplaced,

however. Although marriages may be annulled on the basis of fraud, as discussed, there are only

five ways that the signer of an I-864 Affidavit of Support may avoid the attendant responsibilities

and obligations. Because marital status does not factor into any of those five bases, changing the

divorce to an annulment would not provide plaintiff with the relief that she is seeking. Therefore,

declining to consider this issue further would not result in manifest injustice, nor is consideration

of it necessary for a proper determination of this case.

Affirmed.

/s/ Philip P. Mariani

/s/ Allie Greenleaf Maldonado

/s/ Adrienne N. Young

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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