Annulment vs Divorce

[geowrian 22,337]

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?

True, nobody here knows the details of your case or can say with certainty that it meets the grounds for an annulment.

At the same time, legal professionals love the route versus going for a divorce...there's generally much more billable time in an annulment versus a fairly simple divorce. And if not granted, they might even be able to double dip and do the divorce work.

 

2 hours ago, QuestionItAll said:

Folks seem to feel they want to answer the question I didn't ask and ignore the one I did ask.

The ability to obtain an annulment is related to the question asked, so it's not like it's out of left field. It might not be what you are interested in, but many questions do tend to reveal other potential issues when dealing with immigration.\

 

To answer the questions asked, an annulment will not cancel her green card, dissolve I-864 support responsibilities, nor prevent her from getting a 10 year green card, renewing it, naturalizing, etc.

The reason for obtaining an annulment may impact any of the above, though.

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

[BigDaddy28 228]

16 hours ago, QuestionItAll said:

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.

 

I like how you put them in check when people tried to put their nose in your business. Good job, I applaud you for that. 

To answer your question:

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

an annulment is like a divorce. Your ex will have to prove that she entered the marriage in good faith. You as the petitioner could send a letter to USCIS detailing why you think she doesn't deserve a permanent resident card (10-year green card) based on the details you have that make you believe she didn't enter it in good faith. 

Good luck. 

[TBoneTX 45,333]

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[Going through 5,671]

20 hours ago, QuestionItAll said:

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

Not at all.  She can continue her immigration journey without you by filing her ROC with a divorce waiver (if she's at that stage), and/or continue on to obtain citizenship later on (if she's at that stage, she'd only have to wait until she's eligible to file under the 5-year residency rule, rather than the 3-year marriage rule).  Annulment (or divorce) does not take away her legal status in the USA since she is a LPR.

 

20 hours ago, QuestionItAll said:

Are  there any gotcha's I should be aware of?

Annulment is generally more expensive than a simple divorce due to lawyers being able to bill the extra time needed.  This is why a lot of lawyers suggest going for an annulment---they make much more money that way.

 

 

 

[CEE53147 559]

Speed of the proceedings should be a consideration since you can be required to support her until the final ruling if ordered by the judge. A protracted period for an annulment may cost more in legal fees and support than her share of a property division. Whether you would be likely ordered to support her as part of the affidavit of support is a question you should ask of the immigration attorney.

[lindinhos96 48]

I'm just wondering if you guys filed the removal of conditions documents together. Did you provide supporting evidence of the marriage? Were you living at the same address at the time you filed? I don't know about that process but I guess it's important to think about what you swore to there during annulment proceedings. Good luck to both of you.

Edited September 9, 2018 by lindinhos96