I 751 Approval after annulment.

[GreatDane 366]

6 minutes ago, PKKR said:

It's of course bonafide. Couple of lawyers told me annulment means marriage never existed so you can't claim to remove condition. I do have all lease, pic, joint insurance etc etc..

The point of an annulment is that it's not a true marriage - therefore annulled. USCIS requires a bonefide marriage. You can't have your cake and eat it, too. The only thing you can do is apply with a divorce waiver and cross your fingers. You might want to get a good lawyer.

[mindthegap 2,605]

Divorce ends the marriage - but you can still show it was legit. Annulment voids the marriage, so how you show legitimacy I am not sure. I mean, it isn't fraud by the immigrant, so that works in your favour..

 

Still barking mad though to do this though when on a CR-1... unless you actually like creating a challenge for yourself with quite serious consequences.

 

 

Edited June 19, 2018 by mindthegap

[old-fella 109]

10 minutes ago, PKKR said:

It's of course bonafide. Couple of lawyers told me annulment means marriage never existed so you can't claim to remove condition. I do have all lease, pic, joint insurance etc etc..

if it is bonafide then how was the annulment approved. You are in a limbo and this definitely is not a DIY case.

Find a Good good lawyer. This is going to drain you out emotionally and financially.  

[PKKR 5]

2 minutes ago, GreatDane said:

The point of an annulment is that it's not a true marriage - therefore annulled. USCIS requires a bonefide marriage. You can't have your cake and eat it, too. The only thing you can do is apply with a divorce waiver and cross your fingers. You might want to get a good lawyer.

The I 751 waiver section says terminated by DIvorce/Annulment in the  form in good faith marriage line, if you read the form carefully. So do you think USCIS sees annulment same as divorce?

[PKKR 5]

2 minutes ago, old-fella said:

if it is bonafide then how was the annulment approved. You are in a limbo and this definitely is not a DIY case.

Find a Good good lawyer. This is going to drain you out emotionally and financially.  

The I 751 waiver section says terminated by DIvorce/Annulment in the  form in good faith marriage line, if you read the form carefully. So do y'all think USCIS sees annulment same as divorce?

[GreatDane 366]

2 minutes ago, PKKR said:

The I 751 waiver section says terminated by DIvorce/Annulment in the  form in good faith marriage line, if you read the form carefully. So do you think USCIS sees annulment same as divorce?

It is the same waiver/paperwork? Yes. Does USCIS see it the same? No. You're going to have a much harder time proving your case than a divorce case. You voided the marriage.

[PKKR 5]

Just now, GreatDane said:

It is the same waiver/paperwork? Yes. Does USCIS see it the same? No. You're going to have a much harder time proving your case than a divorce case. You voided the marriage.

Not Me  My Spouse voided the marriage. My spouse is at fault. Thanks for your input and it's definitely valuable.

[GreatDane 366]

3 minutes ago, PKKR said:

Not Me  My Spouse voided the marriage. My spouse is at fault. Thanks for your input and it's definitely valuable.

Unfortunately, you can't reverse an annulment. You could have opted for divorce, but after the annulment happened, there's nothing to be done. You just have to move forward, hire a lawyer, and proceed with a rocky case that will be expensive or return to your country of origin. It's a far from an ideal situation.

[PKKR 5]

48 minutes ago, mindthegap said:

Divorce ends the marriage - but you can still show it was legit. Annulment voids the marriage, so how you show legitimacy I am not sure. I mean, it isn't fraud by the immigrant, so that works in your favour..

 

Still barking mad though to do this though when on a CR-1... unless you actually like creating a challenge for yourself with quite serious consequences.

 

 

I know, It's probably weird for someone to make do this much of work but I saw your other replies and you sound pretty knowledgeable, so asking, Do you think this article is correct?

http://www.alllaw.com/articles/nolo/us-immigration/how-annulment-will-affect-marriage-based-green-card-process.html

 

As I did my research and found hopes.  Anyone else, if interested please read and advise as well. Thank y'all.

[EM_Vandaveer 2,417]

From USCIS' viewpoint it doesn't matter if the marriage ended in divorce or annulment (unless the annulment is for the immigrant's fraud).

As long as you can prove bona fide marriage (co-habitation & financial co-mingling for the duration of the marriage), you are good to go.

[PKKR 5]

Just now, EM_Vandaveer said:

From USCIS' viewpoint it doesn't matter if the marriage ended in divorce or annulment (unless the annulment is for the immigrant's fraud).

As long as you can prove bona fide marriage (co-habitation & financial co-mingling for the duration of the marriage), you are good to go.

omg!! where were you? Thankyou so so so much. Just wondering, Do you have any experience or known of any case as such or was just a normal guess? I appreciate your response.

[EM_Vandaveer 2,417]

2 minutes ago, PKKR said:

omg!! where were you? Thankyou so so so much. Just wondering, Do you have any experience or known of any case as such or was just a normal guess? I appreciate your response.

I just googled I-751 annulment. Old visajourney posts come up, among other links. It's obvious that as long as bona fide marriage can be proven it doesn't matter if it's annulment or divorce.

[Calicolom 266]

Well, I would say USCIS still has the last word, at least you found the answer you were looking for.

[PKKR 5]

11 minutes ago, Calicolom said:

Well, I would say USCIS still has the last word, at least you found the answer you were looking for.

gawwd, Please don't stress me out!  Do you think that post is wrong? I also checked validity of marriage according to USCIS for Immigration purpose, Please see this link, it doesn't say that annulment can make a marriage invalid for immigration unless I provide marriage certificate. Do you've any experience as such, Please help ! thankyou. If possible just read the first paragraph. 

 

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartG-Chapter2.html

Edited June 19, 2018 by PKKR

[Coco8 1,042]

39 minutes ago, PKKR said:

gawwd, Please don't stress me out!  Do you think that post is wrong? I also checked validity of marriage according to USCIS for Immigration purpose, Please see this link, it doesn't say that annulment can make a marriage invalid for immigration unless I provide marriage certificate. Do you've any experience as such, Please help ! thankyou. If possible just read the first paragraph. 

 

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartG-Chapter2.html

I would go all out on the evidence of the bona fide relationship.

 

The text in that link regarding annulment basically gives the definition and has no information on what UCSIS does with that. It is open to interpretation.

 

The first part at the top says a marriage has to be "valid":

 

"The applicant must establish validity of his or her marriage. In general, the legal validity of a marriage is determined by the law of the place where the marriage was celebrated (“place-of-celebration rule”). Under this rule, a marriage is valid for immigration purposes in cases where the marriage is valid under the law of the jurisdiction in which it is performed.

 

And then when it comes to annulment it says (bold & red), that it is retroactive and so, the marriage is invalid:

 

A person’s marital status may be terminated by a judicial divorce or by an annulment. A divorce or annulment breaks the marital relationship. The applicant is no longer the spouse of a U.S. citizen if the marriage is terminated by a divorce or annulment. Accordingly, such an applicant is ineligible to naturalize as the spouse of a U.S. citizen if the divorce or annulment occurs before or after the naturalization application is filed. ^"

 

The result of annulment is to declare a marriage null and void from its inception. An annulment is usually retroactive, meaning that the marriage is considered to be invalid from the beginning. A court's jurisdiction to grant an annulment is set forth in the various divorce statutes and generally requires residence or domicile of the parties in that jurisdiction. When a marriage has been annulled, it is documented by a court order or decree. 

 

In contrast, the effect of a judicial divorce is to terminate the status as of the date on which the court entered the final decree of divorce. When a marriage is terminated by divorce, the termination is entered by the court with jurisdiction and is documented by a copy of the final divorce decree. USCIS determines the validity of a divorce by examining whether the state or country which granted the divorce properly assumed jurisdiction over the divorce proceeding. ^[25]USCIS also determines whether the parties followed the proper legal formalities required by the state or country in which the divorce was obtained to determine if the divorce is legally binding. ^[26] In all cases, the divorce must be final.

 

An applicant’s ineligibility for naturalization as the spouse of a U.S. citizen due to the death of the citizen spouse or to divorce is not cured by the subsequent marriage to another U.S. citizen. "

 

 

 

 

 

 

 

 

Edited June 20, 2018 by Coco8