RFE I 751

[da95826 387]

If you sue for an annulment of the marriage under the grounds it was never real due his motives to get a green card would be the most effective thing to do to protect yourself. If you did that that would kill his opportunity to get a green card. Both parties need to enter a marriage in good faith for a marriage to be real.

 

Remember all his options to maintain a green card depends his ability to prove a bona fide marriage with you, an annulment means the marriage never happened.

 

If it was a real marriage at any point then file for a divorce and move on, he can move on immigration process on his own it will be up to him to prove he had a real marriage. 

[geowrian 22,337]

4 hours ago, da95826 said:

an annulment means the marriage never happened.

Not for immigration purposes. An annulment is treated the same as a divorce here.

 

An annulment based on fraud specifically, however, means a court looked at the facts of the case and concluded their was marriage fraud. USCIS generally does not overrule court findings...the onus would be on the alien to demonstrate that the court finding was wrong, which is a very uphill matter.

That said, an annulment in any form at this point in the marriage would be unusual.

[Diane and Chris 651]

On 8/27/2020 at 10:49 AM, lrpburton25 said:

I can't withdraw with and attorney they said but I think They may ask for an interview simply because we don't have enough documentation that they ask for.

As said before, just don’t show up for the interview. This is on him, not you. Divorce and move on. Best of luck.