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kruprulez12

Annulment and Waiver of Conditions on Green Card‏

By kruprulez12 in Effects of Major Family Changes on Immigration Benefits

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JERIII Enthusiast

JERIII   8

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A marriage to someone who is already married is invalid, and cannot be annulled, as it never legally existed, even if all the papers do exist.

So human reasoning would dictate, but in order to document that the marriage certificate on file is invalid (if one would intend to marry again, for example), the court formally has to declare the marriage annulled. Otherwise anybody who's married could claim they are not "really" married because of . . . something.

So legal reasoning dictates as well, I believe, since we're being technical, a court has to issue a certification that the marriage was invalid - void ad initio - a certficate that the marriage never existed. This is not an annulment.

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kruprulez12 Newbie

kruprulez12   0

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Guys i have no idea what he is talking about , my father in law says that his daughter wont sign a divorce and he ll file for annullment stating that marraige was in good will and has not been consumated due to differences...i know i have never heard of that reason too ....my wifes uncle was first threatning me and then my wifes father saying that they ll sue me ...i mean wht did i do wrong that they could sue me about ?

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Brother Hesekiel Mentor

Brother Hesekiel   2,236

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JERIII,

I stand corrected. You are absolutely right with the void ad initio certification.

kruprulez,

I'm a bit familiar with the culture of Hindustan and the respect shown to parents, but US laws are not rally dependent on parents' consent when adults marry and divorce.

Your father-in-law has no say in any of this. He's just a bystander, and HE cannot file for annulment of your marriage.

Depending on what State you live in, you won't even need a signature of your wife. All you need is to file for divorce and have the divorce papers served to her, formally.

Given the obstructionist nature of your father in law and the influence he has on your wife, I suggest you file for divorce immediately. Don't waste a single moment on annulment and reconciliation.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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JERIII Enthusiast

JERIII   8

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Filed: Citizen (apr) Country: Moldova
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kruprulez,

I'm a bit familiar with the culture of Hindustan and the respect shown to parents, but US laws are not rally dependent on parents' consent when adults marry and divorce.

Your father-in-law has no say in any of this. He's just a bystander, and HE cannot file for annulment of your marriage.

Depending on what State you live in, you won't even need a signature of your wife. All you need is to file for divorce and have the divorce papers served to her, formally.

Given the obstructionist nature of your father in law and the influence he has on your wife, I suggest you file for divorce immediately. Don't waste a single moment on annulment and reconciliation.

Just Bob gives very good advice. Run, do not walk to a divorce lawyer and get yourself protected.

Edited by JERIII
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  • 9 years later...
TBoneTX Grand Master

TBoneTX   45,329

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Thread from 2009 is now closed to further comment.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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