Annulment Vs Divorce

[who 0]

So my wife has filed for annulment and i didn't fight it since that's what she wants, but i have been getting different opinions whether or not it will affect ROC ! (i currently have CGC)

i contacted a lawyer and realized that no matter what she writes about the reason for annulment it won't show in the final decree ( state law)

the question is will annulment affect my ROC, will it make it harder? if yes so i can hir a lawyer and get divorce instead,

or it doesn't matter as long as i can prove i enter marriage in a good faith ?

somebody with experience please.

thanks

[MedRoni 161]

I am no expert and have not gone through it but an annulment (or “nullity of marriage” or “nullity of domestic partnership”) is when a court says your marriage or domestic partnership is NOT legally valid... kind of like it never took place. This would imply the marriage was never a valid marriage to get the greencard from in the first place, much less remove conditions from an invalid marriage. I would think divorce is the way to go as it is not putting the validity of the marriage to the test.

Hopefully someone that has actually been through this choice can confirm.

Best of luck either way!

[del-2-5-2014 1,339]

You want a full blown divorce.

[Penguin_ie 5,996]

It is usually quite difficult in the Western World, including the USA., to get an annulment. What would she base it on?

[Harpa Timsah 13,258]

I know that an annulment means that the marriage "never took place" even if there are kids from the marriage (rude I say), but... I have real trouble believing that it is taken at face value for immigration. Annulment is a religious thing and while its remnants might remain on the civil law, I can't believe USCIS would treat an annulled person differently than a divorced person.

If someone knows differently with some sort of proof, I'd be interested to know.

[Caryh 5,206]

I know that an annulment means that the marriage "never took place" even if there are kids from the marriage (rude I say), but... I have real trouble believing that it is taken at face value for immigration. Annulment is a religious thing and while its remnants might remain on the civil law, I can't believe USCIS would treat an annulled person differently than a divorced person.

If someone knows differently with some sort of proof, I'd be interested to know.

There are legal annulments and religious annulments. They are two very different things.

From removing of conditions on USCIS web site, notice its "divorce or annulment", which tells me the same standard of good faith applies with an annulment as with a divorce.

• You entered into a marriage in good faith, but the marriage was ended through divorce or annulment

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=745218a1f8b73210VgnVCM100000082ca60aRCRD&vgnextchannel=4ca43a4107083210VgnVCM100000082ca60aRCRD