Do we need to provide the Annulment decree?

[adam_cheryl 0]

I got my annulment decree in 2005, The K1 visa application form states that a divorce decree needs to be submitted. What if it's an annulment?

If annulment decree is treated like a divorce decree then i am assuming that i need to submit it and complete all sections on prior spouses eg: names; date marriage ended etc .?

Same goes to the biographic information G-325A where information on your prior spouse is asked. Right?

As for my marital status, I have indicated as "single" since its an annulment. Please correct me if i am wrong.

Thanks a whole bunch!

[William33 110]

An annulment is a reversal, an undoing if you will.

This means the marriage "legally" did not happen.

As far as the law is concerned, you have never been married.

I am not lawyer, but I understand annulment. I know a few people who did it.

Edited August 3, 2006 by William33

[adam_cheryl 0]

Thanks! I have asked a lawyer friend in singapore he said what you just mentioned too. My status should be single and never been married. Having said this, he is not a visa lawyer and doesnt know the US visa laws at all. I am just concern if i assume what i think is right, and doesnt provide this annulment decree; my visa might get rejected.

Anyone been in my shoes?

Confused.

[William33 110]

I have not.

But, the USCIS forms are quite specific. Nowhere does it mention for you to include the annulment document.

You are single, you have already established that fact.

If you are not confident with that, suggest you consult an immigration attorney.

[samir_shannon 0]

i am sure an annulment decree would be ok as long as it is legal and notarized.

[Robor007 0]

I'm not sure if 'single' is correct. I would think 'divorced' would be correct but I'm not sure. I believe that if you were legally married you'll have to provide evidence that you're no longer legally married.

[William33 110]

Let's look at the Defenition:

an·nul·ment (-nlmnt)

n.

1. An act of annulling.

2. The invalidation of a marriage, as for nonconsummation, effected by means of a declaration stating that the marriage was never valid.

I think Single is the right answer, because they were not actually married.

We must summon the Guru - Yodrak? Thoughts?

[zyggy 9]

People are trying to split hairs... What the USCIS cares about is whether one is free to marry.

If one has been married before one needs to state that. If one was married and the married was subsequently dissolved by some means whether it be an annulment or a divorce, the USCIS wants the proof that the marriage is indeed disolved.

In this case, I would definitely include the annulment decree. Also make sure you fiancee knows of your former marriage and the details of it as it could be asked at a consular interview...

When dealing with the USCIS, the following definitions should apply

Single = Never Married

Divorced = Married previously and the marriage was dissolved.

Edited August 3, 2006 by zyggy

[Robor007 0]

That's what I was thinking zyggy.

[JenT 0]

People are trying to split hairs... What the USCIS cares about is whether one is free to marry.

If one has been married before one needs to state that. If one was married and the married was subsequently dissolved by some means whether it be an annulment or a divorce, the USCIS wants the proof that the marriage is indeed disolved.

In this case, I would definitely include the annulment decree. Also make sure you fiancee knows of your former marriage and the details of it as it could be asked at a consular interview...

When dealing with the USCIS, the following definitions should apply

Single = Never Married

Divorced = Married previously and the marriage was dissolved.

Zyggy is right. From USCIS website:

Application Procedures: Bringing a Fiancé(e) to Live in the United States

Only a U.S. citizen may file USCIS Form I-129F (Petition for Alien Fiancé(e)) on behalf of a fiancé(e). The U.S. citizen filing the petition must provide the following items to the U.S. Citizenship and Immigration Services (more complete instructions are on USCIS Form I-129F):

Form I-129F Petition for Alien Fiancé(e) (if your fiancé(e) has unmarried children who are under 21, they are eligible to accompany your fiancé(e), but only if they are listed on this form.)

Evidence of your U.S. citizenship - your original U.S. birth certificate, your U.S. passport, your Certificate of Naturalization, or your Certificate of Citizenship. (Please see USCIS Form I-129F for information on the use of copies.)

2 Form G-325A Biographic Data Sheets (one for you and one for your fiancé(e))

One color photo of you and one of your fiancé(e) taken within 30 days of filing (please see Form I-129F for more instructions on photos).

A copy of any divorce decrees, death certificates, or annulment decrees if either you or your fiancé(e) have been previously married.

Proof of permission to marry if you or your fiancé(e) are subject to any age restrictions. (For instance, in some U.S. states, you must receive special permission to marry if you are under the age of 16.)

- Jen

[William33 110]

Well there you have it....Should have done my homework.

Does that answer the single status question? There is no box for annullment and this is not a divorce...Thoughts?

People are trying to split hairs... What the USCIS cares about is whether one is free to marry.

If one has been married before one needs to state that. If one was married and the married was subsequently dissolved by some means whether it be an annulment or a divorce, the USCIS wants the proof that the marriage is indeed disolved.

In this case, I would definitely include the annulment decree. Also make sure you fiancee knows of your former marriage and the details of it as it could be asked at a consular interview...

When dealing with the USCIS, the following definitions should apply

Single = Never Married

Divorced = Married previously and the marriage was dissolved.

Zyggy is right. From USCIS website:

Application Procedures: Bringing a Fiancé(e) to Live in the United States

Only a U.S. citizen may file USCIS Form I-129F (Petition for Alien Fiancé(e)) on behalf of a fiancé(e). The U.S. citizen filing the petition must provide the following items to the U.S. Citizenship and Immigration Services (more complete instructions are on USCIS Form I-129F):

Form I-129F Petition for Alien Fiancé(e) (if your fiancé(e) has unmarried children who are under 21, they are eligible to accompany your fiancé(e), but only if they are listed on this form.)

Evidence of your U.S. citizenship - your original U.S. birth certificate, your U.S. passport, your Certificate of Naturalization, or your Certificate of Citizenship. (Please see USCIS Form I-129F for information on the use of copies.)

2 Form G-325A Biographic Data Sheets (one for you and one for your fiancé(e))

One color photo of you and one of your fiancé(e) taken within 30 days of filing (please see Form I-129F for more instructions on photos).

A copy of any divorce decrees, death certificates, or annulment decrees if either you or your fiancé(e) have been previously married.

Proof of permission to marry if you or your fiancé(e) are subject to any age restrictions. (For instance, in some U.S. states, you must receive special permission to marry if you are under the age of 16.)

- Jen

Edited August 3, 2006 by William33

[Yodrak 7]

adam_cheryl,

Are you really talking about the K1 visa application? Or about an I-129f petition?

In either case, I don't know what the INA says about your situatation but it's the implementation that we have to deal with and it seems to me that of the available options on the forms 'divorce' is closer to an annulment than is never having been married (single).

The difference between a divorce and an annulment may be significant in issues of family law, but for this issue of immigration if it were me I'd answer questions and submit information following the guidelines for a divorcee.

Something else that I don't know about but I'm going to break my usual rule and write about it anyway - misrepresentation and material misrepresentation. Misrepresentations that are not material may be forgiven (especially if there is a timely correction) because either way there is no effect on the decision. It seems to me that stating that one is single when there was a marriage but it was annulled is more of a misrepresentation than stating that one is divorced when in fact it was an annulment. It may not be a material misrepresentation, because one is free to marry either way - never married or annulled marriage - but if questioned I'd feel more comfortable explaining that my 'divorce' was really an annulment than explaining that my 'singleness' was really an annulment.

Yodrak

I got my annulment decree in 2005, The K1 visa application form states that a divorce decree needs to be submitted. What if it's an annulment?

If annulment decree is treated like a divorce decree then i am assuming that i need to submit it and complete all sections on prior spouses eg: names; date marriage ended etc .?

Same goes to the biographic information G-325A where information on your prior spouse is asked. Right?

As for my marital status, I have indicated as "single" since its an annulment. Please correct me if i am wrong.

Thanks a whole bunch!

Edited August 3, 2006 by Yodrak

[desert_fox 32]

Who cares what you call it. You have to show that all previous marriages were legally terminated. You were married!

[adam_cheryl 0]

Thanks all for your precious advices.

Annulment in legal term pronounces a marriage null - ie never existed. In singapore, on all official papers i fill out my status as "Single". This is legal.

I am so vex over this because i do not want to mess around with the visa papers. It's probably a very bad idea, and frankly i am not familiar with the US laws at all. All my experience is within Singapore. This is also why i came here and am so appreciative of your comments. I have spoken to many people but all to varied answers.

But you guys make perfect sense. The authorities wants to know plainly if i had been married and if i am free to marry now. I will send in my annulment decree. Its probably the best action.

Cheers!

[GaryC 7]

My Luz is from the Philippines where divorce is not allowed. She had her previous marriage annulled. My lawyer had us submit the annullment papers with the I-129F. Weather you click single or divorced really does not matter as far as I can see as long as they know you are free to marry.