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VisaJourney.com > General Family Based Immigration Topics > Removing Conditions on Residency General Discussion

Sofia 23
Hi everybody,

I need your help if any of you know about how hard is to get the I-751 with an annulment. My husband changed his mind and instead of a normal divorce he asked for an annulment without my consent.

Anyways we lasted a year and 5 months and I do have all the evidence they ask for I am just afraid they will denied it because it is an annulment or that doesn't matter as long as I have complete evidence!!!

Any insights would be appreciate it!!

Thanks
YuAndDan
You apply for a waiver of the Joint filing requirement, you need to provide evidence that you entered the marriage on good faith.

You can file the I-751 anytime after a divorce or annulment has been finalized, you do not have to wait until within 90 days or the green-card expiration.

QUOTE
Filing after Divorce or Annulment

A conditional permanent resident with a marriage that was terminated due to divorce or annulment must file for a waiver of the requirement of the joint filing of Form I-751. To obtain an approval of the I-751 and be granted unconditional lawful permanent resident status, the conditional permanent resident spouse must be able to show that s/he entered into the marriage in good faith.

The person seeking permanent resident status should expect to undergo an interview at the USCIS about the marriage. The USCIS will closely scrutinize whether the marriage was bona fide at its inception. The USCIS will review the divorce decree and complaint for matters that may be reflective of whether the marriage was entered into purely for immigration purposes or to perpetrate fraud against the United States citizen spouse or the USCIS.
http://www.murthy.com/news/n_remcon.html
Sofia 23
So, it doesn't matter the annulment causes as long as I have enough evidence that it was a good faith marriage?

Thanks
YuAndDan
QUOTE(Sofia 23 @ Mar 17 2008, 03:53 PM) *
So, it doesn't matter the annulment causes as long as I have enough evidence that it was a good faith marriage?

Thanks

Correct.
Sofia 23
Sorry to bother you again, it is just I am afraid of the whole thing because the causes of the annulment were kinda like fraud on my part because he decided to get an annulment instead of the divorce and in order to do that he said I didn't want to have kids and I tricked him. I don't know what was his evidence to prove that because I just got the annulment on the mail. I don't know if i should get a lawyer to get this more in depth so I can appeal for a divorce instead if that is gonna complicate my I-751

Thanks
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