Annulment of married and Permanent Green Card

[mxgee 1]

One of my friends got married four years ago to a USA citizen girl in his native country. It took nearly four years to process his visa application and get green card. During these four years his wife visited him regularly and has a child with him. When my friend was arrived in US he received permanent resident card instead of conditional green card. After few months the attitude of his wife was changed she and her family put him through a real hard time. He was not allowed to go out and do other social activates. One day he had enough and he called police and police helped him to leave the house.

Now after few months his wife has filed marriage annulment on the bases that he got married to her to get a green card. My friend is unemployed and going though finical difficulties as well. He cannot afford a lawyer. He is still willing to start his life with his wife and child on good terms. Anyone can advise?

[Ian H. 207]

All I need to hear is: they have a child together. That's it. There's is no possible chance for annulment. Once a marriage is consummated, all chances of annulment go out the window, even if there was fraud involved.

I'm not sure how she managed to file for annulment, maybe her lawyer is a crook, but high chances are that her case will be dismissed once she discloses they have a child together.

If your friend can't afford a lawyer, he should go down to his local courthouse and ask for legal help, they may be able to refer him to someone who can at least hear the facts of his case and give him legal advice if they can't/won't represent him. This is a civil case, not criminal so the law doesn't guarantee an attorney, but he may find someone who can represent him pro bono.

As for his GC, he shouldn't worry, he already has his 10 yr GC, so even if she does get the marriage annulled, it won't affect his GC. The issue with an annulled marriage only affects the person before the GC is granted because the marriage is deemed to have never existed.

Again, I want to reiterate that she cannot get the marriage annulled because it was consummated, if she does get it annulled, it's because she lied to the court about having a child together, because any judge that sees they have a child together, will know what it took to have that child.

Also, even if the marriage ends, she is still responsible for him as his sponsor and if he ends up on welfare she can be sued by the agency, as well as he retains the right to sue her for support under the affidavit. I wish your friend good luck.

[usdude 1]

If your friend has his permanent green card he need not worry. His wife can say anything she wants to get a divorce but that will not effect his green card until she has some concrete evidence to prove to the uscis that he married her for green card.

[Ian H. 207]

I just want to clarify on annulment. These laws vary state by state. There are certain instances when the court will consider an annulment, in cases of bigamy/polygamy, fraud, underage, close familial relation, etc. But in this case immigration fraud wouldn't be considered enough of a reason for a court to grant annulment because of the fact they have a child, and the amount of time they have together, and the fact that she visited him regularly as his spouse on top of any other evidence they have together as a married couple.

[Pinkrlion 2,725]

Like Ian H. stated, annulment laws are different in each state. However, only if she has verifiable proof that he was interacting, living, had a child with another woman, then she can file. In addition, most judges are looking at length of time, 4 years, means they will deny annulment, and say divorce him. Then she is still responsible his 10 years, and he can move on.

[Ian H. 207]

Are you referring to adultery? Because that wouldn't be a cause for annulment.

[tuckin14 58]

It's possible that the filed for annulment rather than divorce because of religious reasons, but it doesn't really matter. It would be extremely hard to get an annulment from a valid marriage after four years and a child. If the marriage was void due to bigamy, incest etc. it would be different.

As others have said too, he has very little to worry about his green card. USCIS always has the option to remove a green card due to fraud, but the case would have to be exceptional. She would probably have to prove that he paid her, in which case he might be deportable but she'd be indictable.

USCIS are not fools; in fact they have seen it all. The very last thing in the world they will do is back someone up who attempts to blackmail a spouse by saying "If you don't do things my way, I'll have your green card taken away." Marriages end in much less than four years and people move on.

Tell your friend to chill about immigration. Sorry for his marriage going bad.

[Fan_Dancer 171]

He pulled off the marriage scam successfully.

If he were already married in Nigeria to another woman, she has a shot.

Edited September 8, 2014 by Fan_Dancer

[David & Diana R 1,005]

One of my friends got married four years ago to a USA citizen girl in his native country. It took nearly four years to process his visa application and get green card. During these four years his wife visited him regularly and has a child with him. When my friend was arrived in US he received permanent resident card instead of conditional green card. After few months the attitude of his wife was changed she and her family put him through a real hard time. He was not allowed to go out and do other social activates. One day he had enough and he called police and police helped him to leave the house.

Now after few months his wife has filed marriage annulment on the bases that he got married to her to get a green card. My friend is unemployed and going though finical difficulties as well. He cannot afford a lawyer. He is still willing to start his life with his wife and child on good terms. Anyone can advise?

Your friend?

[Ian H. 207]

I'm not sure who here mentioned Nigeria and this doesn't sound like a scam. Who was married to another woman?

[dwheels76 5,486]

He pulled off the marriage scam successfully.

If he were already married in Nigeria to another woman, she has a shot.

you always have to through Nigeria into your conversations don;t you. Can you please just stick with the subject and stop bashing an entire nation and peoples. Much appreciated.

[Fan_Dancer 171]

you always have to through Nigeria into your conversations don;t you. Can you please just stick with the subject and stop bashing an entire nation and peoples. Much appreciated.

Like we say back home, there's no smoke without a fire.