What’s the affect on immigration status 10 year green card after an annulment?

[Gina Guo 0]

My husband told me he didn’t go through with the annulment based on green card fraud after I got sued/ served papers on 7.18 in Austin TX but again he lied to me for the 10000000th time since our marriage on Halloween ‘13 in Shanghai, China& online says case was closed on 8.21 which I just found out. I was never notified. 
I left him last 8.19 because he’s an alcoholic, but we’ve been talking regularly since until last Friday& he never mentioned the annulment already went through but told me he didn’t 4 months ago. Last time he come visit me from TX was 11.20.16-12.3.16, we’ve been videocall, sms,FB msg, FaceTime daily since until 12.8.17. How do I fight this in court from Mountain View, CA where I reside since our marriage was real& I never heard anything from the court at all?! 
Do I need an Austin lawyer & fly bck for court? I have more than enough evidence to prove I didn’t marry him for 10-yr green card fraud but his alcoholism, paranoid, insecurity& emotional abuse calling me a ####### ####### prostitute son of a ..was what drove me away. Not to mention I stayed in Bastrop Woman’s Shelter for 3 days because of his emotional abuse 1.5 yrs ago, I also have Victim Services Unit’s report& dialed 911 for help living with him..etc. 

 

[JFH 12,190]

*~*~*moved from "general immigration discussion" to "effects of major family changes"*~*~*

 

Your post is a little unclear and I think you have typed whilst very upset, hence the confusion. Might be good to take a few deep breaths and post again when you are a little calmer.

 

In any event, I think you are saying that your marriage has been annulled on the basis of fraud. Now, although no one here knows either of you or the story (and such cases tend to be a never-ending loop of "he said/she said" claims), to get an annulment on any basis is not easy, least of all fraud. The burden of proof is extremely high. Which state was this? There are many, many people who post here thinking that they can "prove fraud" because they have Facebook messages, intercepted text messages, been told by their spouse that they used them for a green card, and many other things and this is not enough to get an annulment on the basis of fraud. 

 

Viewers of a certain TLC show will recall one woman's unsuccessful attempt to prove her husband committed immigration fraud and married her just for a green card and even months of TLC footage of him leaving her and moving to another state with another woman, the fact that they had only had sex once in their entire marriage, footage of him telling her "now that I'm here there's nothing you can do to send me home" and so on was not enough for an annulment or immigration fraud case. So what I am saying is, your husband's case must have been pretty strong for this. It's not as simple as "I don't think she loves me. She used me for a green card. I want an annulment." 

 

You say he's an alcoholic. This would make him very difficult to live with. Did you not know this or see evidence of this before you moved here? I have family members who are alcoholics and their behavior is noticeably odd most of the time. It wouldn't take long for someone who lives with them or knows them intimately to realize. Even if you never see them drinking (and I have an aunt whose husband of 40 years hardly ever saw her drink because she did it in secret) their behavior tells you something is wrong even if they are highly functioning. So, if he is an abusive alcoholic then you are definitely better off without him. 

 

I would strongly recommend you get some legal advice. An annulment is a very complex case and not one to be taken lightly. 

[belinda63 3,038]

You say you were served on 7.18 but then you say you were never notified. If you were served with court papers it would have had a date and time to appear in court. If you failed to show up that is your fault, not his. 

Have you actually seen the annulment papers? You can request a copy of them from the court clerk of the county the action was filed in. 

The next question is why do you care if the marriage was annulled other than there might be implications regarding your green card. But an immigration court would have to make a determination you committed fraud to obtain a green card. 

[Gina Guo 0]

P.s. I got sued” original petition for annul marriage & in an alternative original petition for divorce on 7.18 which my husband told me he didn’t go through with the case. Which 1 is it?! Why does it say both?! Shouldnt it be one or the other? 

 

I care because I love him& is expecting his 2nd visit from Austin.

 

I got summoned on 7.18 but he told me he never went through with the case so I believed him& I never got notified of the final order from the family court or email or anything. There should have been or will be a hearing on this, that either he lied to the judge about me or basically didn't tell me about going through the case 4 months ago which is wrong. 

[Ontarkie 14,237]

You were served. Read the papers and see what he filed. You got a summon to appear in court, why on earth would you believe an alcoholic instead of a summons. He played you and is still playing you. 

He lies to you because you let him get away with it. Now he has his divorce (hurts you by lying) and you still let him play these games with you. He is toying with you until he gets bored and finds a new lady to get what he wants. 

 

I'm sorry, nothing will change and you're just going to get hurt again and again until you stop listening to your heart and start listening to your head.

 

Oh and to answer your question, unless he has proof to send immigration about fraud then the annulment will have no affect on your GC.

 

 

Edited December 17, 2017 by Ontarkie

[Gina Guo 0]

He filed “original petition for annul marriage & in an alternative original petition for divorce.”

 

Wot does 12.4 filing date mean on the papers if I got sued on 7.18? Online case closed on 8.21 as the final order. 

You are right, he’s been playing me like a fiddle since our marriage on 10.31.13, I kept coming back to him twice wanting to make my marriage work after he lied about sobering up living with his parents aged 33. He keeps contacting me telling me he loves me miss me 4 months after he anulled our marriage is what leads me on. He told me he’s coming for Xmas. I love him so let all his emotional abuse slide. 

[Gina Guo 0]

He filed in Austin TX & I got sued in Moutain View CA

[Ontarkie 14,237]

I'm not sure how it works there. So this is what I did and how it worked for me, maybe it's similar there.

 

I filed for divorce 6/20 (not real dates I can't remember them) my husband at the time had until 7/20 to respond. No response means he doesn't contest the divorce. He was served and had 30 days to respond. He didn't because the drunk figured he could sweet talk me out of it. 

 

Here's the thing though my divorce was filed after only 5 months of separation. In Canada you have a 1  year waiting period so my divorce had to wait till the 1 year of separation was hit but it was on the Judges desk first thing when that date hit. As the divorce was filed and uncontested months earlier it was just a matter of the courts signing off on it and start the 30 day waiting period for it to be final. So nothing my ex could do when he got the notice that the divorce was going through in Feb. 

 

The courts sent us both letters to notify us it was going through. Remember I filed back in June so I didn't have anything else to do other then wait my 30 days. The mandatory waiting period in Canada to make the divorce final. 

 

So I'm going to guess maybe that is why you have different dates. If I was you I would call the court house to get your final divorce decree or annulment papers. I would never ever trust your ex. I mean I am one of the biggest suckers for bleeding hearts and it took me 16 yrs of  mental, psychological, financial, and physical abuse and I still believed he would change when he cried and begged me. It wasn't until he went after our oldest child, did my heart turn stone cold and momma bear come ranging out did I stand my ground. 

 

So when I say to stop letting your heart make decisions, I'm saying this with experience. Let your head guide you, don't fall for the lies and let your heart sucker you in again. Cancel his plans to see you at Christmas stand tall and stand strong. You are worth more then this. 

Edited December 17, 2017 by Ontarkie

[Gina Guo 0]

The district clerk told me the final order is annulment not divorce. Grounds for annulment is “I induced him to enter the marriage by fraud.” How to fight it since he told me he didn’t go through with the process now?! I have shelter record, police records of his abuse. Will annulment judgement affect my 10yr green card? Shall I apply for VAWA now?! Thanks

[Ontarkie 14,237]

Glad you called. You need to consult a lawyer. I don't think you can do anything because you fell for his lies and didn't go to the court when you had the date. How long where you married? Maybe just maybe a lawyer can fix this but I don't have much hope. 

 

You don't need to file VAWA you have your 10y card. The annulment will have no affect on your status. Not sure how he managed to get it unless it only went through because you never showed in court. 

 

Again get a lawyer to look into this. If there is anything that can be done the lawyer may know. Get this guy out of your life, he's still playing you like a fiddle. Get rid of him once and for all.

[Gina Guo 0]

We got married on 10.31.2013 in Shanghai 

[Gina Guo 0]

My 10yr green card is based on marriage, now that he annul it behind my back without any hearing or anything doesn’t it mean our marriage never happened?! Thanks so much!!!

[Ontarkie 14,237]

Well he didn't annul it behind your back. You were served you just let it go by because you believed his lies. Again get a consult with a lawyer if anything can be done about it the lawyer would know.

 

As for your 10 GC the annulment doesn't mean you lose your card. What works for courts does not mean it's enough for Immigration. Remember he had to prove your marriage was real to them to get you here. Now if he has some pretty solid evidence of fraud that is another thing. 

 

I'm just surprised that he got an annulment after 4 years of marriage. 

Edited December 18, 2017 by Ontarkie

[Gina Guo 0]

Exactly, I was thinking the same. Waiting for the court record to see what exactly the final order says. 

 

I believed in his lies for 4yrs, I still wouldn’t know if my friend didn’t check online case for me& expecting his Xmas visit like a fool. 

 

 

[MeAlone 161]

you were served and you needed to follow up your annulment or get the lawyer to check his filing and contest. Being served means you had the right to ask for a copy of his filing and protest it. Now you still have the right to ask the court for a copy of the annulment, at least you will know what he filed against you and what evidence he gave to the court. It will help for your green card knowing what's going on and consult an immigration lawyer