Citizenship and Annullment

[EuroMan 0]

Hey folks,

I am new on here but like a few advice if possible.

I came to the US from Manchester England in 2005 on a K3 visa, my ex-wife is a USC, and received my ten year GC a few months later.

My wife and I had a falling out and we took time apart, she filed for annullment base on fraud and was granted it. I wasn't aware of the annullment or her allegations of fraud,

I wasn't aware of the annullment and only found out a few months ago, we're both on speaking terms and occasionally have a few romps.

My question is can I file for my citizenship based on the 5 year rule, and will this revoke my GC? She's willing to write a letter stating that she was angry and annulled the marriage out of spite,

Furthermore shouldn't I have been contacted to contest the annullment?

Thanks

[Brother Hesekiel 2,236]

Hey folks,

I am new on here but like a few advice if possible.

I came to the US from Manchester England in 2005 on a K3 visa, my ex-wife is a USC, and received my ten year GC a few months later.

My wife and I had a falling out and we took time apart, she filed for annullment base on fraud and was granted it. I wasn't aware of the annullment or her allegations of fraud,

I wasn't aware of the annullment and only found out a few months ago, we're both on speaking terms and occasionally have a few romps.

My question is can I file for my citizenship based on the 5 year rule, and will this revoke my GC? She's willing to write a letter stating that she was angry and annulled the marriage out of spite,

Furthermore shouldn't I have been contacted to contest the annullment?

Thanks

Hmm . . .

Normally, in the true sense of the term, your only requirement at the 5 year mark is that you have been a Green Card holder. Your marriage is of no concern anymore. Now . . . you will need to provide the divorce decree, which you don't have if your marriage was annulled. For USCIS purposes, an annulment is as good as a divorce. The only thing I do not know is if on your . . . um . . . paperwork it states that the marriage was annulled because of fraud. If that's the case, I'd say you may have a problem.

[ConcordUser 18]

Hey folks,

I am new on here but like a few advice if possible.

I came to the US from Manchester England in 2005 on a K3 visa, my ex-wife is a USC, and received my ten year GC a few months later.

My wife and I had a falling out and we took time apart, she filed for annullment base on fraud and was granted it. I wasn't aware of the annullment or her allegations of fraud,

I wasn't aware of the annullment and only found out a few months ago, we're both on speaking terms and occasionally have a few romps.

My question is can I file for my citizenship based on the 5 year rule, and will this revoke my GC? She's willing to write a letter stating that she was angry and annulled the marriage out of spite,

Furthermore shouldn't I have been contacted to contest the annullment?

Thanks

You may want to meet with an atty with all the case details and seek advice. Not knowing what is the fraud charge and its base we can not make suggestions for you.

[VanessaTony 3,567]

Hey folks,

I am new on here but like a few advice if possible.

I came to the US from Manchester England in 2005 on a K3 visa, my ex-wife is a USC, and received my ten year GC a few months later.

My wife and I had a falling out and we took time apart, she filed for annullment base on fraud and was granted it. I wasn't aware of the annullment or her allegations of fraud,

I wasn't aware of the annullment and only found out a few months ago, we're both on speaking terms and occasionally have a few romps.

My question is can I file for my citizenship based on the 5 year rule, and will this revoke my GC? She's willing to write a letter stating that she was angry and annulled the marriage out of spite,

Furthermore shouldn't I have been contacted to contest the annullment?

Thanks

Divorce can occur by "notification" in that if you don't know where someone lives you can put an announcement in the paper where you think they used to live and do it that way... I assume annulment is similar.

First things first. You need a copy of your annulment or whatever decree. You need to find out where she filed and get a copy from there. Once you get it you then need to read it. Does it mention fraud? Does it mention that you were unable to be contacted? Does it mention a newspaper notice or anything as a method of trying to contact you?

THEN depending on those things it depends on how you act. If believe if she KNEW where you were living and lied to the courts about NOT knowing she could be in trouble. This may be grounds for you getting the annulment vacated (if possible in your state) which basically would mean you're still married and will need to get a divorce. Really depends on your state, depends on the paperwork etc etc.

Long story short. Get a copy. Read it. See a lawyer if its bad and mentions fraud. If its not then just file as normal. It's unlikely that even WITH the suggestion of fraud that it would affect your N-400 application, especially if you can prove she did it all without you knowing about it (admitting to fraud would be an entirely different matter).

[EuroMan 0]

Thanks folks, I got the annullment decree and in her reason for annullment it was alledge I committed fraud.

She had placed a publication in the newspaper and also sent a formal notice to my parents address, (they didn't see any letter from her or her lawyer) .

I was and am a truck driver and usually go on the road for weeks at a time, I've contacted the courts about having the annullment overturn but they're saying it's been long ago (2006) and might be a futile effort on my part. Really confused and worried

[ConcordUser 18]

Thanks folks, I got the annullment decree and in her reason for annullment it was alledge I committed fraud.

She had placed a publication in the newspaper and also sent a formal notice to my parents address, (they didn't see any letter from her or her lawyer) .

I was and am a truck driver and usually go on the road for weeks at a time, I've contacted the courts about having the annullment overturn but they're saying it's been long ago (2006) and might be a futile effort on my part. Really confused and worried

You can goto court house or state division of records and get a copy of the annulment record. It is different from decree and it just might say the marriage annulled with out any details. If that is the case then you are in much better shape. It costs only $5-$10 to get one of those and you can always show that to IO. I doubt they will ask for the decree from court. I would say get the certificate and see what says and then you can talk to an atty. I personally would not file for N400 until I check with an Atty and find out the details. Worst case you can remain as a LPR than getting it more troubles with out your knowledge.

[EuroMan 0]

I go to the courthouse and have the "Dissolution without children" the court annulled it, it's in her testimony she alledge it was fraudulent.

But the court order was Marriage dissolved without children, don't know if Immigration is going to go into the details about why and what not,

[ConcordUser 18]

I go to the courthouse and have the "Dissolution without children" the court annulled it, it's in her testimony she alledge it was fraudulent.

But the court order was Marriage dissolved without children, don't know if Immigration is going to go into the details about why and what not,

Do not goto court. Your state should have an office where they keep the vital records like birth, death, marriage, divorce. All it shows is a divorce or annulment and does not show the history. Not sure what state you are located in, try to find out the contact info. I know I got certificates from Virginia and New Hampshire vital records division. It is worth checking and see what it says. Again unless you are applying based on a 3 year married to USC not sure why they would ask for divorce certificate. My suggestion and best bet find out where is the vital records division is located in your state and get it. If you can not go in person you can also apply online and get the certificate.

[EuroMan 0]

I already have a copy of The annullment and the Final Verdict is Dissolution withouth children and she keeps all her property and I keep all mine (which she didn't give me, cuz I didn't know) .

Going to seek an attorney advice before I file, don't know if USCIS is going to have the entire folder (from the court) or just the verdict on my interview day, and I am applying base on my 5 years eligilibility.

Thanks a lot tho.

[Jessica24 3]

I already have a copy of The annullment and the Final Verdict is Dissolution withouth children and she keeps all her property and I keep all mine (which she didn't give me, cuz I didn't know) .

Going to seek an attorney advice before I file, don't know if USCIS is going to have the entire folder (from the court) or just the verdict on my interview day, and I am applying base on my 5 years eligilibility.

Thanks a lot tho.

Best Idea!! Do not complicate things all by yourself. Seek the help of an attorney who specializes in cases similar to yours and then proceed. Good Luck.

[Penguin_ie 5,994]

You need a lawyer. As Brother Hesekiel says, the annulment itself isn't an issue, but the fraud could be.

Not sure I'd fully trust the ex, but you may want to ask her what evidence she presented of the fraud (ie immigration related, saying you were married to someone else, or....?).

[dwheels76 5,468]

I'm just curious about you saying " She's willing to write a letter stating that she was angry and annulled the marriage out of spite". Wouldn't she be in a bit of trouble for such an allegation. I mean she got an annulment which is no small matter based on a lie. Just wondering.

[EuroMan 0]

@ dweehls I guess she doesn't know the ramifications.

I've spoken to few lawyers and most of them thing it's possible to apply and it's not a big deal just have to prove the marriage was entered in good faith. Don't know how to do otherwise, guess its up to the immigration officer at the time of interview to decide my fate, I am praying not to cause unnecessary problems for myself

[NickD 203]

50 different states, 50 different marriage laws. In Wisconsin:

"Annulment is distinct from divorce in that a divorce terminates a previously valid marriage. Remember that the key to an annulment is that the marriage was never a valid one in the eyes of the law."

And what is considered valid has a whole list of reasons, fraud is one of them, but unheard of for me, that this can be proven in a court of law without the other spouse at least having an attempt to defend themselves.

So has my curious risen as to which state this marriage was performed, ha, may want to move there.

Did you ever contest this decision? Or just go along with it because it was fraud? According to the USCIS, if you were married under fraud, you came here under fraud. They don't like that.

[ConcordUser 18]

I am confused though. I thought they give a 2 year GC and then apply for the ROC for 10 year card. I wonder if OP went through that process of ROC. Is ROC only for people some certain countries or required for applicants from all countries?