annulled marriage in N-400

[joyn9kids 0]

Hi everyone,

My question is I got married in 1993 to a US citizen who is the friend of my mother-in-law. He was the boyfriend of my mother-in-law and he wanted to help me stay in the US. I have no information about him when I married him legally at Las Vegas. At that time, I was young and I just wanted to stay in the US. Of course, the marriage was never consumated. However, a day after the marriage, I felt guilty of my wrongdoing and just decided to forget it and go back to my country. By twist of fate, I got a H1B visa in 2000. I applied immediately for an annulment when I reached the US. It was granted. However, I have no information about his whereabouts since 1993. The annulment went through even without his presence. My mother in law is dying and too sick to give me any information about him. In my permanent residence application, I did not mention him. I got my 10 year green card recently. I now want to apply for US citizenship and worried on how I can get information about him or INS might see the discrepancy and why I did not report him in my immigration application.

Thanks,

Silly Lady

Edited May 28, 2009 by mrstreasures

[Bobby+Umit 161]

You misrepresented yourself in your H1B application and your LPR application?

[wifey246 0]

Hi everyone,

My question is I got married in 1993 to a US citizen who is the friend of my mother-in-law. He was the boyfriend of my mother-in-law and he wanted to help me stay in the US. I have no information about him when I married him legally at Las Vegas. At that time, I was young and I just wanted to stay in the US. Of course, the marriage was never consumated. However, a day after the marriage, I felt guilty of my wrongdoing and just decided to forget it and go back to my country. By twist of fate, I got a H1B visa in 2000. I applied immediately for an annulment when I reached the US. It was granted. However, I have no information about his whereabouts since 1993. The annulment went through even without his presence. My mother in law is dying and too sick to give me any information about him. In my permanent residence application, I did not mention him. I got my 10 year green card recently. I now want to apply for US citizenship and worried on how I can get information about him or INS might see the discrepancy and why I did not report him in my immigration application.

Thanks,

Silly Lady

Mother in law? how can you marry a friend of your mother in law? You're married to her son, then married her friend?

Confused Lady

[NickD 203]

Your main concerns in the N-400 are these two sections.

C. If you have ever used other names, provide them below.

If a name change occurred with your marriage, even if was annulled.

Then this section:

G. What is your current marital status? Single, Never Married Married Widowed

Marriage Annulled or Other (Explain)

I really don't know how to answer your question, USCIS is very particular on marriage fraud, but apparently you managed to come here the second time without marriage, can only suggest finding a good immigration attorney to sort this out. The marriage fraud act started in 1986 and sounds like your annulled marriage involved fraud, but then it sounds like you didn't use that marriage to stay here and no immigration papers were filed. Kind of complicated.

[Goran 2]

Hi everyone,

My question is I got married in 1993 to a US citizen who is the friend of my mother-in-law. He was the boyfriend of my mother-in-law and he wanted to help me stay in the US. I have no information about him when I married him legally at Las Vegas. At that time, I was young and I just wanted to stay in the US. Of course, the marriage was never consumated. However, a day after the marriage, I felt guilty of my wrongdoing and just decided to forget it and go back to my country. By twist of fate, I got a H1B visa in 2000. I applied immediately for an annulment when I reached the US. It was granted. However, I have no information about his whereabouts since 1993. The annulment went through even without his presence. My mother in law is dying and too sick to give me any information about him. In my permanent residence application, I did not mention him. I got my 10 year green card recently. I now want to apply for US citizenship and worried on how I can get information about him or INS might see the discrepancy and why I did not report him in my immigration application.

Thanks,

Silly Lady

I agree with the other responders to your dilemma. USCIS takes marriage fraud very seriously, even if there is no fraud there. If it looks like fraud, they have no tolerance. Check out this article: Article

I think you should go over your application with a reputable immigration lawyer before attempting to file for naturalization.

[wannabe_texan 0]

It would be interesting to hear what a lawyer might suggest for this, perhaps just staying as a PR is the best course of action?

[queendlee 1]

I suggest you ask a reputable attorney, because even though you did not get your PR by marriage fraud you attempted to and your little quick marriage then annulment may be suspicious. However, since you did not actually commit the fraud, I wonder if you just show the marriage and annulment papers without and explanation of how and why you did that, could be suffice. I honestly would not attempt that, i have the worst luck and know they will some how catch it.

[NickD 203]

I'm still learning, wondering how you got a PR card from an H1B, did someone have to petition for you?

We would like to get my wife's unmarried adult son out of Venezuela, checked with our attorney, eight years with that mommy/son thing. But since he has an advanced degree, instantly with a H1B if he can find a job here. Big surplus on H1B visas today, nobody wants to come here. But was wondering how a person can become a PR when here on a H1B.

[wannabe_texan 0]

I'm still learning, wondering how you got a PR card from an H1B, did someone have to petition for you?

We would like to get my wife's unmarried adult son out of Venezuela, checked with our attorney, eight years with that mommy/son thing. But since he has an advanced degree, instantly with a H1B if he can find a job here. Big surplus on H1B visas today, nobody wants to come here. But was wondering how a person can become a PR when here on a H1B.

I'm no expert here Nick D but from what I've learned from colleagues in large corporations, that the H1B can be dual intent... so you can adjust from it...

[eau_xplain 2]

That is correct. The sponsoring employer files an I-140, instead of the I-130 that an immediate relative would file, to petition the immigrant-employee.

[joyn9kids 0]

I'm still learning, wondering how you got a PR card from an H1B, did someone have to petition for you?

We would like to get my wife's unmarried adult son out of Venezuela, checked with our attorney, eight years with that mommy/son thing. But since he has an advanced degree, instantly with a H1B if he can find a job here. Big surplus on H1B visas today, nobody wants to come here. But was wondering how a person can become a PR when here on a H1B.

I'm no expert here Nick D but from what I've learned from colleagues in large corporations, that the H1B can be dual intent... so you can adjust from it...

Sorry, to confuse but I got my PR from marriage to a US citizen. We have a son now and I am raising 9 kids from our marriage together. In my annulment papers, I indicated fraud as the reason for the annulment. That was the truth and I made a mistake and I did not go that route to get my PR until I was given another opportunity to work with H1B. My visa expired actually in 2001-2005. When I met my husband and got married, the application went smoothly without any questions to my "illegal" status for 4 years. The officer just asked for my entry visa which I lost already. There was no hassle at all in the interview. I was missing the most recent Federal Income tax papers though I had 3-years income taxes with me. The officer was never doubtful of my present marriage and was so happy for me. He even gave me his business card if I have other questions.

I did all my paperwork even in spite of my illegal status during that time and did not consult a lawyer on my predicament. My concern is omitting my annulment status in my immigration papers.

[milimelo 4,564]

Omitting would constitute misrepresentation, right?

If as you say, they already granted you PR after you disclosed info on marriage fraud, why would you want to omit it now? It's already in your file.