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How does annulled marriage affect citizenship application?

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Filed: Timeline

Hi all,

How does annulled marriage affect citizenship application?

I have had a 10 yr green card for 8 yrs now. I want to apply for naturalization/citizenship but my fear is that since my marriage was annulled (not divorce), this may prevent me from getting citizenship. The annulment decree talks about 'irreconcilable differences' so reasons for annulment would be similar to those of divorce had we decided to file for divorce instead of annul the marriage. To be honest, I agreed to annulment without thinking about its consequences on citizenship application-- I was just glad that we were moving on our separate ways instead of staying in an unhappy situation. I didn't have a lawyer, my ex wife had a lawyer prepare the forms and I just signed them.

Would marriage annulment negatively affect my citizenship application? Who knows the law regarding marriage annulment vs. divorce in relation to citizenship application?

Thanks.

Uhuru

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Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

You would be applying based on the 5 year rule. Marital status is not relevant.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

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Filed: Citizen (apr) Country: Argentina
Timeline

Hi all,

How does annulled marriage affect citizenship application?

I have had a 10 yr green card for 8 yrs now. I want to apply for naturalization/citizenship but my fear is that since my marriage was annulled (not divorce), this may prevent me from getting citizenship. The annulment decree talks about 'irreconcilable differences' so reasons for annulment would be similar to those of divorce had we decided to file for divorce instead of annul the marriage. To be honest, I agreed to annulment without thinking about its consequences on citizenship application-- I was just glad that we were moving on our separate ways instead of staying in an unhappy situation. I didn't have a lawyer, my ex wife had a lawyer prepare the forms and I just signed them.

Would marriage annulment negatively affect my citizenship application? Who knows the law regarding marriage annulment vs. divorce in relation to citizenship application?

Thanks.

Uhuru

ditto, you have more than 5 years of residency. marriage has no relevance.

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Filed: Timeline

You would be applying based on the 5 year rule. Marital status is not relevant.

but marriage annulment means that the marriage was not valid from the very beginning..(it is like the marriage never took place so my GC can potentially be revoked since it was issued based on a marriage that was annuled???). Is this not the same view USCIS takes while reviewing past marriages? Why do they ask applicants to provide divorce decree, annulment decree, etc as proof that marriage was terminated??? I am just nervous and curious because 'one never knows what can happen once you submit your application for naturalization'. I do not want to do anything that would jeopardize my permanent residency status i.e if they decide to deny my citizenship based on annulled marriage, they can go ahead and question the validity of my green card..

Thanks.

Uhuru

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Filed: Citizen (apr) Country: Colombia
Timeline

Good question as to whether the USCIS makes a distinction between a divorce or an annulment. State or a religious thing also, annulment only can be applied if the marriage was never consummated, but can also be applied if proof that a valid marriage did not exist. Example is if the spouse refuses to have children or was not mentally fit to fulfill the requirements of a valid marriage contract.

Feel this kind of question is too complicated for this board. Should find a good immigration attorney. Also your history after that annulment can cause grief. In particular if you remarried someone from your home country or intend to do so. That raises a strong flag for fraud.

My previous marriage was both divorced and annulled. Didn't meet the our states' requirement for an annulment, but met my religious requirements, submitted both, but the USCIS was only interested in seeing the divorce papers. That is all I can say on this subject.

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Filed: Other Timeline

I understand your reasoning, and it's a good one (rare these days), but I can assure you that USCIS doesn't care about any of your marriage stuff anymore. You can get married in good faith, but your husband refuses for almost 2 years to . . . um . . . live up to his expectations and despite an overdose of Viagra can't do it. You can get the marriage annulled, but you still entered it in good faith and lived in the U.S. as a law abiding resident. They won't deport you because he didn't get it up or frauded you, and they won't deny you U.S. citizenship after 8 years of lawful residency because of it either.

You will be a-okay.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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