I 751 Approval after annulment.

[mcdull 474]

11 hours 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..

Fraud here is not what you think it is.  

 

If your marriage is annulled, then it is as the marriage never existed. 

 

I would agree with your lawyer you have no ground to remove condition. 

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5 hours ago, PKKR said:

I'm sorry to say but I don't think so. If you were a lawyer I could easily beat you in this case. I'm leaving this comment because future reader shouldn't get discouraged. Please avoid lawyer for simple cases  i.e.  arranging papers and giving a Courier service for thousands, Unless you've problem with reading and writing stuff. In bottom of my heart I already know it's a win but I'm still here for second opinion as it's always good to be confident but not overconfident. I cherish people who all are sharing their thoughts with me and deeply thankful to em, rest there are bunch of law firms in my city & I don't need lame obvious advise from someone on VJ to go there,  Good luck.

I agree Lawyers are not needed for simple cases.

 

Well most people do not need them.

[geowrian 22,338]

It is possible to complete ROC with an annulment. That said, in practicality, it is an extremely uphill climb as there will be a presumption of fraud. Numerous BIA court rulings have supported this line of thought.

 

That said, usually the cause of annulment by fraud is filed by the USC, so this case is a bit more unique. Either way, I very highly suggest seeking sound legal advice from a qualified immigration attorney. You are free to do this yourself, but you would likely be making a less optimal case and you will need the strongest case you can find, especially if/when it goes to an immigration judge.

[Barry Krebs 13]

Sounds like a Danielle/Mohammed Anthesa/Jorge story from 90 Day Fiance.  To annul marriage because of a broken promise in regards to having children.  I got news for you, when you date someone from the US and you are international, and the US spouse makes promises, you better be careful.  It would be behoove the non-US person to educate themselves about the US and realize that Americans can't always deliver.  Yes, Americans can provide love and can be committed to a relationship like anyone else, and both parties can be ambitious about future plans such as having kids, etc.  I believe that  both parties can commit to one another-but they have to realize reality-things happen in life.  Make that an understanding that there are no guarantees.  Then you avoid situations like this.       

[EM_Vandaveer 2,417]

10 hours ago, KeratNY said:

How did you even lose this annulment case? Did you not use a lawyer? Seems like a simple one for you to win. Why couldn't you just say "I thought I wanted children and then I changed my mind" and won the case and gotten it changed to a divorce? (that wouldn't be "fraud" or "dishonesty" so you must not have put forth this argument.)

 

The fact that you lost this case is very troubling and means you may not have what it takes to make a persuasive case for ROC. If indeed you did not get a lawyer the first time around, aren't you once bitten twice shy? 

My understanding is that it was OP who filed for annulment, OP wanted children, the USC ex didn't.

[PKkkR 1]

8 hours ago, mcdull said:

Fraud here is not what you think it is.  

 

If your marriage is annulled, then it is as the marriage never existed. 

 

I would agree with your lawyer you have no ground to remove condition. 

Federal regulation i.e.  "8 CFR 216.5"  permits me, Please open the link, it just have to be termination be it annulment or divorce . Please provide input of your thoughts on this, Thankyou. Also couple of lawyer did tell it's possible.

 

https://www.ecfr.gov/cgi-bin/text-idx?SID=7ed33cae56480a0215b7fd0bc7967275&mc=true&node=se8.1.216_15&rgn=div8

 

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I for one do not think it can not be done, may well be fact specific, just not a normal issue, one where the Lawyers make the big bucks.