I am seeking an annulment based on fraud. First fraud is maybe moral turpitude, that my husband concealment material fact on his U.S. Immigration documents on concealment of his mental illnes schizophrenia, which I was the petitioner and sponsor. Secondly, the Immigration marriage fraud. And last, the concealment of material fact of his mental illness prior to marriage. I have found caselaw, such as the curtis vs curtis in 1947 appealant, which was overturned because husband continue to live 4 and half months with wife afer discovering the facts of her concealment of mental illness. However, in the lower court he got an annulment based upon the concealment of facts. My question is the marriage took place 12/2005, within 2 weeks we applied for immigration change of status, where he was required to complete medication application, there he falsied govt documents, and knowingly concealed the material fact. In June 2006 I filed for health insurance for the both of us with Blue Shield, there I asked him about any previous health issues, he concealed and I only disclosed that he was a smoker. In November 2006, is when I discovered his mental illness, when he had a psychotic episode, and discovered through his family in his home country that he required weekly medication that was sent from his home country through the U.S. mail. I was able to convince him to see a psychologist at the time of his psychosis. However, I did not understand he needed a psychiatrist instead, and he declined to see a psychiatrist at the advice of his family because they thought U.S. immigration would get this information and deny the residency status.
Is concealment of mental illness a ground for annulment?
Is the fact of his concealment a moral turpitude and that his falsification of Govt document is a felony ground for annulment.