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Mark1980

Please I need Advice Roc with annulment(merged)

By Mark1980 in Removing Conditions on Residency General Discussion

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Mark1980 Rookie

Mark1980   0

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I'm in USA with conditional  green card .the marriage didn't  go well and my wife served me annulment  and the annulment said that I'm fraud and she is mentally illness at the time of marriage. .my wife is bipolar disorder and she was in the hospital 2 months  before  she traveling  to my country  and  getting  married...

She submitted  the I 130 and i 864 and she is the one who did everything so how she is mental illness?  And her mother is my sponsor  too . And all her family  were aware  of the marriage and she traveling  to get married with me . 

I got a lawyer and the lawyer  told me she is going to get the annulment  and all she can do is drop the fraud only but the annulment  will be granted to her mental illness at the time of the marriage .. I'm fighting  this annulment as much as I can  and we have trail soon in court..

I just want to know what is gonna happen if she win the annulment? Is it possible  I  Roc even after the annulment  on mental illness?  I have proof  of good faith marriage. Joint bank accounting..  life insurance.  lease...

Anyone  have Experience with ROC after annulment?  

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geowrian Grand Master

geowrian   22,337

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Filed: Lift. Cond. (pnd) Country: Philippines
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Is it possible to ROC with an annulment? Absolutely.

Is it possible if the annulment was due to fraud? Technically yes, but this would be a very, very difficult case.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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hope1303 Apprentice

hope1303   0

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23 hours ago, Mark1980 said:

I'm in USA with conditional  green card .the marriage didn't  go well and my wife served me annulment  and the annulment said that I'm fraud and she is mentally illness at the time of marriage. .my wife is bipolar disorder and she was in the hospital 2 months  before  she traveling  to my country  and  getting  married...

She submitted  the I 130 and i 864 and she is the one who did everything so how she is mental illness?  And her mother is my sponsor  too . And all her family  were aware  of the marriage and she traveling  to get married with me . 

I got a lawyer and the lawyer  told me she is going to get the annulment  and all she can do is drop the fraud only but the annulment  will be granted to her mental illness at the time of the marriage .. I'm fighting  this annulment as much as I can  and we have trail soon in court..

I just want to know what is gonna happen if she win the annulment? Is it possible  I  Roc even after the annulment  on mental illness?  I have proof  of good faith marriage. Joint bank accounting..  life insurance.  lease...

Anyone  have Experience with ROC after annulment?  

May God bless you to win at court . I can see how hard to live with your wife who is  Bipolar disorder .

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Mark1980 Rookie

Mark1980   0

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Dear visajourney members. I have Question .

I'm in process of annulment and I have trail  soon in the court.

My Question is .when exactly I have to send the i751 ? Sending it now and writing statements that I'm going to send them the annulment or divorce  decree as soon as i got it ? Or i have to wait till i got the divorce or annulment  decree in my hand then send the package? 

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Crazy Cat Grand Master

Crazy Cat   41,884

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Filed: Citizen (apr) Country: Taiwan
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This sounds like a question for an attorney, since annulments erase the marriage event and the basis for the GC..  Read these attorney answers:  https://www.avvo.com/legal-answers/annulment-and-applying-for-i-751-343565.html

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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debbiedoo Experienced

debbiedoo   2,339

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Filed: AOS (apr) Country: Canada
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im not sure youll be able to go through ROC with an annulment. As misselman said up there, an annulmant erases the marriage, and as such your basis for being here.

 

You can file for ROC with divorce waiver.

 

Hire a divorce attorney well versed in immigration issues.

Edited by debbiedoo

i 485, 130, EAD and AP

04/09/2019    NOA1 received/check cashed i 485 and 130 (direct adjustment)

11/7/2019      Interview- Norfolk

11/10/2019    APPROVED (notification rec'd 11/10, approval dated 11/8)

DONE FOR TWO YEARS!!! ;)

 

Filed everything ourselves with no RFE's or delays.

 

CR1 for Child under 21 (20 at time of filing)- Filed by LPR Spouse for his son

4/4/20     Mailed packet

4/12/20   NOA1 rec'd

10/14/21 (havent heard anything... when do i start to get worried?)

9/15/22 APPROVED! Now to wait for NVC and interview....

 

ROC

10/14/21 Mailed to AZ PO Box. Let the waiting begin. Again.

10/16/21 Received at PO Box

10/19/21 Received Text NOA1

10/23/21 Received Mailed NOA1

 

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Mark1980 Rookie

Mark1980   0

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I'm here in USA with conditional green card . My wife served me annulment  and I'm fighting  it to be divorce  .I have trail next week .my lawyer  told me that my wife lawyer give her an offer . This offer is I accept  the annulment  based on my wife mental illness?  What I have to do ? If I accept  this annulment based on that ground when the time comes to Roc is there will be any problems to remove the condition on my green card ?  My lawyer told me too that the judge going to be in her side  so it's better to take the offer . 

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Boiler Grand Master

Boiler   45,525

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Filed: K-1 Visa Country: Wales
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This is seriously beyond this forum, and my layman's view is that it depends how strong your RoC application is, Annulment does not bar a RoC but I can not imagine it helps.

 

Assuming your Lawyer knows nothing about the Immigration aspects, I would have thought somebody needs to add a Lawyer who does.

 

 

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Mark1980 Rookie

Mark1980   0

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Boiler you are professional and I read alot of you post and your reply. You have alot of knowledge.  My situation is .

My wife have bipolar and mental disorders I know about that's before  the marriage. But she takes her medication and she is doing fine . The facts is . She traveled 16 hours to my country and she stayed with me for 2 months and then she traveled way back to USA 16 hours . Then she started  the i130 and after 1 year and half I came here to USA on cr1 Visa conditional green card . I have statement from her that I insisted to living in my country  but she is the one who refused that and she insisted  we living in USA.  I have affidavit from her mother and grand mother and her father  and her sister  saying  that's our marriage  is real and it's in good faith . We have tons of pic together  . Her mother is my cosponsor.  I have joint bank account with my wife I have surveillance camera video showing that we were living  together  I have life insurance  and Accident  insurance  and she is the beneficiary. I have paychecks stubs showing I'm married  and showing the same address  with her . I have my Id  and dl showing the same address with my wife . I HAVE AFFIDAVIT  FROM HER physiology doctor  saying that she is in good mental  capacity to take her own decisions  but this affidavit  date is 8 months  after the marriage. ... now she served me this annulment  and the ground is I'm fraud and I used her mental illness to coming to USA.  Second ground is she was mentally I'll in the time of the marriage. Third ground is that we didn't  make sex .which is all are not true and lie . No my family  lawyer asking me to accept  the annulment based on mental illness and they gonna drop the fraud from the case..

I Have email from her lawyer  asking my lawyer  for 10k to drop  the annulment  and convert  it to divorce.  .. what is your  opinion  about all that?  

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Mark1980 Rookie

Mark1980   0

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22 minutes ago, Boiler said:

This is seriously beyond this forum, and my layman's view is that it depends how strong your RoC application is, Annulment does not bar a RoC but I can not imagine it helps.

 

Assuming your Lawyer knows nothing about the Immigration aspects, I would have thought somebody needs to add a Lawyer who does.

 

 

 

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Boiler Grand Master

Boiler   45,525

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Filed: K-1 Visa Country: Wales
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My Professional field is not Immigration.

 

I can opine, well we all can but do remember all I know is what you have written here and there may be other details that may be significant or not.

 

Sounds an awful situation.  My first thought is who do you think is driving the money grab, my understanding is that is most places an annulment is hard to get especially when you have been married so long, do you think it is her idea or she has been led into it.

 

Second thought is if your Divorce Lawyer knows that annulment does not preclude you removing conditions, her Lawyer may no realise this and assumes this is a big stick to use against you to get money out of you, would weaken their position maybe if they knew and may make negotiations easier? Something to discuss with your Lawyer.

 

A friend of mine once cynically said that as far as Lawyers are concerned Divorce is never finished until there is no money left.

 

 

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Mark1980 Rookie

Mark1980   0

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Dear pkkkr  and  vandaveer.

I'm very very sorry to post here in your post . But I'm desperate and I need y'all help . I'm conditional green card and my wife is Annulment me . I was keepin fighting it . But my lawyer advised me to sign this annulment.  And my lawyer she is the one who writes the annulment read it please  ( The Court finds that the marriage between the parties, while entered into in good faith, is voidable and subject to annulment because Petitioner lacked the necessary mental capacity at the time of the marriage and the essentials of the marriage were not achieved. The Court, therefore, finds that the marriage of  my name and her name  is voidable and should be annulled as prayed for by Petitioner. ) is that's looks good in uscis eyes ? 

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Ontarkie Grand Master

Ontarkie   14,226

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Filed: Citizen (apr) Country: Canada
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~~One post from a zombie thread removed and merged to an existing thread and 2 other similar threads merged also. Please keep your questions related to this topic together in this thread. It really does help members when all the information is in one place.~~

Edited by Ontarkie
Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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