Divorce or Annulment after citizenship

[bika 0]

Hello,

A Permanent Resident already got her citizenship thru marriage, then things didn't work and the couple want to separate but the american husband wants the marriage annulled instead of a divorce?

What is the difference between annulment and divorce and will that have any effect on the already naturalized spouse?

Also how long they should wait after naturlization to get a divorce?

Many thanks

[maztec 0]

Short Answer: Tell his religious holier-than-though ### to piss-off, it could seriously screw you up. Unless you entered a sham marriage - the only reason he could want this would be so he could marry another woman in a church for a religion that does not allow it if you have been divorced.

Hello,

A Permanent Resident already got her citizenship thru marriage, then things didn't work and the couple want to separate but the american husband wants the marriage annulled instead of a divorce?

What is the difference between annulment and divorce and will that have any effect on the already naturalized spouse?

Also how long they should wait after naturlization to get a divorce?

Many thanks

Annulment implies that the marriage was never real, never legitimate. In order to get an annulment you must show the following:

1) Spouse was already married to someone else at the time the current marriage was entered - and had never divorced or widowed from the previous spouse.

2) Spouse was too young to be married (generally under 16) in the country of marriage.

3) Spouse was under the influence of drugs/alcohol at the time of marriage to a degree that it impaired the ability to make a decision and the marriage was essentially entered into accidentally or involuntarily. (near impossible to show - basically have to be blacked out and remember nothing of the marriage, but if you consented which is required for a marriage it is unlikely this would or could apply).

4) Spouse was mentally incompetent at time of marriage (brain damaged, comatose, temporarily insane, etc ... again unlikely, must have medical records that show this)

5) Consent to marriage was based upon fraud or force (possible, but again hard to show - and if you have been married for 3+ years, long enough to get Citizenship, fat chance)

6) Spouse was physically incapable to be married (basically you never had sex - were unable to have sex. Again, your allegations during the interview process for permanent residence and removal of conditions and naturalization essentially contradict this ... aka fat chance)

7) Prohibited by law (unlikely - usually gay marriage fits this or underage or incest... no real worries unless he is your brother, father, or practicing polyamory relationships)

8) Spouse was sentenced to life in prison when you got married. (somehow, I doubt it)

9) Concealment (drug addiction in some states, criminal record in others, sexually transmitted diseases in others . . . even then, it is difficult to get)

In any of these situations - if he is the one responsible for the situation, then he cannot request the relationship to be annulled - you must consent.

Essentially an annulled marriage is considered to have never existed. This means that CIS, if they so decided, could use the retroactive nature of an annulment to declare your marriage a sham and strip you of Citizenship and Permanent Residence - and then deport you. It is unlikely they would do this, but it is an option open to them. It really is not a good road to go down.

Finally, it is very difficult to get an annulment. The only reason I can imagine that your husband would want it is because he is of some religion that requires it in order to get married in the church again. I am going to go out on a limb here and make a bet that he has been cheating on you. That is not grounds for annulment - that is grounds for a swift kick in the balls.

So, unless you were married to someone else, never had sex with him, and were doing this purely to get your citizenship - then he cannot get it annulled.

P.S.: Sorry for the soft-core cussing. But it is situations like this that tick me off.

Edited June 19, 2008 by maztec

[NickD 203]

If it is a religious annulment done by an religious institution, still doesn't count, has to be done after a civil divorce with all the legal finances, alimony, and property settlement before a judge. So while a church may consider that marriage is annulled, law says you are still married. Getting a civil annulment is extremely difficult as maztec pointed out.

Law considers as well as the USCIS her married for the three year eligibility for citizenship, this requires rock iron proof, she shouldn't have any problems. Even with the conditional residence, that happen to another friend of my wife that got a divorced, she sold all of her property in her former country, came here, got a job, and would be a hardship for her to return, she got her ten year card. Still can get citizenship without being married, but have to have that PR card for five instead of three years.

Never heard of anyone losing citizenship after a divorce, maybe someone else has.