Nwankwo v. Uzodinma


[Cite as Nwankwo v. Uzodinma, 2022-Ohio-565.] IN THE COURT OF APPEALS TWELFTH APPELLATE DISTRICT OF OHIO BUTLER COUNTY OLUCHI IJEOMA NWANKWO, : CASE NO. CA2021-08-098 Appellee, : OPINION 2/28/2022 : - vs - : NNAMDI KENFRANCIS UZODINMA, : Appellant. : APPEAL FROM BUTLER COUNTY COURT OF COMMON PLEAS DOMESTIC RELATIONS DIVISION Case No. DR20080487 Blake P. Somers LLC, and Jordan M. Feldkamp, for appellee. Charles H. Bartlett, Jr., for appellant. M. POWELL, P.J. {¶1} Appellant, Nnamdi Kenfrancis Uzodinma ("Husband"), appeals a decision of the Butler County Court of Common Pleas, Domestic Relations Division, annulling his marriage to appellee, Oluchi Ijeoma Nwankwo ("Wife"), on the ground Wife's consent to the marriage was obtained by fraud. {¶2} The parties were born in Nigeria and grew up as neighbors there. Wife Butler CA2021-08-098 immigrated to the United States with her family in her early teens and became a naturalized American citizen. In 2010 or 2011, when the parties were in their mid-twenties, Husband contacted Wife through Facebook. Husband was still living in Nigeria at the time. The parties courted via Facebook and discussed marriage. In 2014, Wife travelled to Nigeria where the parties were married in a traditional Nigerian ceremony. Wife returned to the United States; Husband moved to the United States once he obtained a "fiancé visa." They were legally married on May 3, 2015. Wife added Husband to her cellphone plan and Kemba Credit Union bank account. {¶3} During the marriage, both parties deposited their paychecks into their joint bank account. Husband was employed by two different companies, AstraZeneca and Americans Choice HealthCare Services ("Americans Choice"). His AstraZeneca paychecks were directly deposited into the bank account whereas Husband physically deposited his Americans Choice paychecks into the bank account. {¶4} The parties discussed starting a family. Although Husband was affectionate toward Wife and regularly gave her loving cards and notes, the lack of physical intimacy strained the marriage. Husband claimed he was unable to perform due to stress. The parties dispute whether the marriage was "consummated." The parties began the process of In Vitro Fertilization ("IVF") to start a family. {¶5} In 2019, the parties bought a house. That same year, Husband obtained his green card, paving the way for him to apply for his American citizenship. Husband often spoke of obtaining his American citizenship and began pressing Wife to allow him to apply. Wife wanted Husband to wait as the fee for the citizenship application was $800 and the parties were incurring substantial IVF-related expenses. Nonetheless, Husband applied for his American citizenship without telling Wife. {¶6} Wife accompanied Husband to his citizenship interview in October 2019. -2- Butler CA2021-08-098 Husband became a naturalized American citizen on December 6, 2019, and obtained his American passport on December 13, 2019. Once Husband obtained his American citizenship, his behavior changed. While the parties continued discussing having a family and Husband continued to give Wife affectionate cards and texts, "there was a disconnect," Husband became distant, and he no longer wanted to attend IVF appointments. …

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