Annulment vs Divorce

[QuestionItAll 2]

I am at a cross roads where I'm uncertain how to proceed. One possible path is an annulment.  My wife and I have been married 2.5 years and a good portion of that we have not lived together. There are other things that suggest she is not the woman I thought. I have spoken to an Attorney and she thinks I have a good case for an annulment.  That would mean that the marriage never happened. I am unsure of what that would mean for my wife's legal status as an temporary green card holder.  I assume that if I get an annulment then her status reverts to overstay, as she got her green card based on a marriage that no longer exists.  It seems like it would effectively bar her from staying and probably prevent her from ever getting back in the USA, plus for me it would have tax implications for the two years we filed as married.  My Attorney is not familiar with immigration law and was unable to speak with any certainty about the consequences. 

 

Has anyone here had experience with annulment? Are  there any gotcha's I should be aware of?  I know the right answer is to consult with an immigration lawyer, and I will probably do that but I think that asking here may help me better understand the consequences and possibly give me knowledge from someone else's experience.

 

Thanks.

 

[NikLR 13,227]

Annulment doesnt cancel the green card.  She can remove conditions either way.  But honestly it's generally much easier to divorce than gain an annulment. 

[JFH 12,190]

Your profile says you are in New York State. If so, the grounds for annulment are:

 

Undissolved previous marriage;

underage;

incurable mental illness (for period of 5 yrs. or more);

physical incapacity;

consent by force,

duress or fraud;

incapable of consent for want of understanding

 

Annulments are difficult to obtain. Are you sure you have grounds for annulment based on the above. "I made a bad choice of partner" or "I didn't get to know her well enough before marriage" are not grounds for annulment. 

 

Curious as to why  you want an annulment instead of divorcing. 

[Crazy Cat 41,908]

If you think the marriage can't be saved, just divorce, let go, and seek happiness for yourself.  What your wife does about her status is irrelevant.

[QuestionItAll 2]

 

2 hours ago, JFH said:

Curious as to why  you want an annulment instead of divorcing.

With an annulment there are no issues of support or property distribution.  No matter what she wants, my assets and future earnings would be protected.  My attorney thinks that this is a viable alternative. I'm not vindictive I just don't want entanglements. I don't care if she keeps her green-card. I would prefer not to be the cause of her being removed, but only to the extent that it doesn't affect my finances.  I don't care if she stays or goes. I do care if she gets 1/2 my net worth and alimony. 

Edited September 8, 2018 by QuestionItAll

[JFH 12,190]

It's not about what you want, it's about whether there are grounds for annulment. You haven't said that there are. Since you have only been married a short time, she won't be getting half of everything you own. 

[Kiolas 103]

I totally agree with @JFH. You don't have grounds for annulment. You can file whatever you want with a court. It doesn't meant the Judge will grant your wish.

 

Stay away from lawyers. They would rip you off more than your worst enemy.

 

[QuestionItAll 2]

 

14 hours ago, Kiolas said:

You don't have grounds for annulment

Have I said anything about the details of my situation? Have I given you any information you could use to accurately draw that conclusion? Well my lawyer seems to think I do.. so honestly, given that I have not written anything about the circumstances of my marriage and that a lawyer, familiar with NY law thinks based on a detailed conversation about all the particulars thinks I do have grounds for annulment,  how many of you think you know better from this casual conversation then the legal professional I have hired to represent me?

Edited September 9, 2018 by TBoneTX
word-filter-avoiding profanity removed

[Lemonslice 4,859]

3 hours ago, QuestionItAll said:

Have I said anything about the details of my situation? Have I given you any information you could use to accurately draw that conclusion? Well my lawyer seems to think I do.. so honestly, given that I have not written anything about the circumstances of my marriage and that a lawyer, familiar with NY law thinks based on a detailed conversation about all the particulars thinks I do have grounds for annulment,  how many of you think you know better from this casual conversation then the legal professional I have hired to represent me?

Why did you ask the question here then? Just ask your lawyer...

Edited September 9, 2018 by TBoneTX
word-filter-avoiding profanity removed from quote

[QuestionItAll 2]

2 minutes ago, Lemonslice said:

Why did you ask the question here then? Just ask your lawyer...

I didn't ask the question, "can I get an annulment?" here. I asked what are the consequences for my wife's green card process if I get an annulment and has anyone been through a similar circumstance. 

 

Folks seem to feel they want to answer the question I didn't ask and ignore the one I did ask.  I just find it amusing that when I said a legal professional seems to think I have good grounds for getting an annulment everyone jumped on that not being true with out knowing anything about my circumstances.  Especially the "You don't have grounds for annulment." comment. Honestly from what I have posted how could you possibly draw that conclusion? Its the worst kind of internet hubris. 

[NikLR 13,227]

I did answer your question. Read the I-751.  If she can remove conditions after an annulment then it doesn't invalidate her green card. 

[Lemonslice 4,859]

1 minute ago, QuestionItAll said:

I didn't ask the question, "can I get an annulment?" here. I asked what are the consequences for my wife's green card process if I get an annulment and has anyone been through a similar circumstance. 

 

Folks seem to feel they want to answer the question I didn't ask and ignore the one I did ask.  I just find it amusing that when I said a legal professional seems to think I have good grounds for getting an annulment everyone jumped on that not being true with out knowing anything about my circumstances.  Especially the "You don't have grounds for annulment." comment. Honestly from what I have posted how could you possibly draw that conclusion? Its the worst kind of internet hubris. 

Your lawyer can also research what would be the impacts of the annulment on your wife.

[QuestionItAll 2]

 

2 minutes ago, NikLR said:

I did answer your question. Read the I-751.

I did see your answer and I appreciate your comment. 

 

My divorce lawyer was unwilling to comment casually on what the consequences would be for my wife and suggested I talk to an immigration lawyer if I wanted to know.  Yes, I could ask her to research it, on my dime, but as the issue is not really completely relevant to my choice and as I thought  it possible that others might have been through the same process, I decided to ask here. As in the past I've gotten reasonable advice here.   I will probably talk to an immigration lawyer to get a professional opinion, but it helps to understand the context before you take engage and pay any professional for an opinion.

[NikLR 13,227]

Of course... 

[JFH 12,190]

Well it’s difficult to give advice if you are withholding pertinent information. For example, if the grounds for annulment are fraud or the fact that your wife was not legally free to marry then she won’t be able to keep her green card as she was not entitled to it in the first place. If it’s a physical incapacity to consummate the marriage or a mental health issue then she can keep her green card as her medical problem does not exclude her.