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Removing conditions after annulment

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Hello,

I recently got separated, after almost 2 years of being married. Now my soon to be ex-wife is applying for annulment on top of divorce.

The base on her petition is because the location where we got married at didn't follow the normal process (we didn't obtain a marriage license days before the wedding).

I know that getting annulment based on fraud could complicate things for me to remove conditions, but in this case the fraud is not against me or us.

I talked to a few immigration lawyers and nobody has seen a similar case before, so I'm wondering if any of you guys had been through anything similar.

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Hello,

I recently got separated, after almost 2 years of being married. Now my soon to be ex-wife is applying for annulment on top of divorce.

The base on her petition is because the location where we got married at didn't follow the normal process (we didn't obtain a marriage license days before the wedding).

I know that getting annulment based on fraud could complicate things for me to remove conditions, but in this case the fraud is not against me or us.

I talked to a few immigration lawyers and nobody has seen a similar case before, so I'm wondering if any of you guys had been through anything similar.

What did you use to show that you were married when you filed for AOS or the CR-1 visa? Or are you saying that the marriage was preformed before the required waiting period, and you still got married and a marriage certificate after the ceremony?


Here is the information regarding the cases for my in-laws (wife, their daughter, is the petitioner under the IR-5 category, Parents of a USC):

Submit I-130 (2 petitions) to USCIS on May 30, 2013

USCIS approved the cases on March 10, 2014.

Received notice online from USCIS the cases were sent to NVC on March 17, 2014.

NVC received the cases on March 28, 2014

The case numbers were created on Monday, April 28.

We received the numbers by phone on Friday, May 2.

DS-261 became available on both cases late in the evening on Friday, May 2. Both DS-261 filed on Saturday, May 3.

Received emails to my wife regarding AOS at around 8am on Wednesday, May 7. At the same time received emails that were cc of letters sent to my in-laws. However, the date of all of the letters was Monday, May 5.

Received emails regarding the Immigrant Visa Fee at around 11:15am on Wednesday, May 7. IV fees became available online at around 1pm on Wednesday, May 7. Date of invoice was Tuesday, May 8.

Paid all the fees on Wednesday, May 7 at around 1:15pm.

All fees marked as paid and DS-260 become available sometime late on Friday, May 9.

Dropped off IV and AOS packages (in two different envelopes - 1 for AOS and 1 for IV documents) at the local post office at around 2pm on Saturday, May 10.

Submitted DS-260 (for both cases) around 10am on Sunday, May 11.

Both document packages received by NVC on Monday, May 12 (according to Post Office Tracking - one around 1pm and the other around 4pm. Don't know why they got separated.)

Received checklist email for both cases at 4pm on Thursday, June 12 regarding the IV civil documents

Wife called NVC in the afternoon of Friday, June 13 to inquire about the checklist. Told by a representative they are normal and automatic and not to worry. AOS under review. Call back after Tuesday, June 24.
Received a checklist for my father-in-law on Monday, June 16. NVC reviewed his AOS paperwork, but waiting for the documents the requested the week before.

Wife called NVC in the morning of Tuesday, June 17. Told by the agent they don't have the document requested for dad, and they don't have the AOS package for her mom.

Put in a request with our Senator to get more information. Response was mother-in-law is documentary complete and father-in-law was in document review for the military document.

Wife called NVC on the morning of Tuesday, July 1 and spoke with a supervisor regarding her dad's military document. Supervisor said she would look into it.

Supervisor called us and left a voicemail on the morning of Wednesday, July 9 and stated they have located my father-in-law's military documents. Case sent back to document review.

Per conversation with an agent, the expedited request originally requested by email on July 7, was sent to the Embassy on Thursday, July 10.

Received by postal mail on Thursday, August 21 from our Senator regarding the response of another inquiry. Still the same.

Early in the morning on Friday, August 22:

Wife calls the Embassy and was told the IV section doesn't accept calls, and was given a number in the states that turned out to be scheduling assistance for NIV interviews.

Called NVC as soon as they opened and was told the Embassy denied the expedite request, but the case was completed by NVC on Monday, August 18. Wife inquired about interview scheduling, and was given some good information.

At 5 PM on Thursday, September 11, received the interview letters. Interview is scheduled for the morning of October 9.

Mother-in-law approved. Father-in-law placed in Administrative Processing due to follow-up TB test.

CEAC stated ISSUED for my mother-in-law on October 15. DHL had the package for pick up on October 17 but called the wrong number. Package picked up on October 27.

On December 11 mother-in-law received a phone call from the Embassy that the medical is back for my father-in-law and to DHL his passport to them. Passport sent on December 12.

On December 18 CEAC updated to ISSUED for my father-in-law. My wife is happy!!!! Embassy said they gave it to DHL on December 19

Due to a DHL delay the package did not become available for pick up until December 24. USCIS Immigrant Fee paid the same day.

POE: JFK Terminal 1 - December 26, 2014 - They are finally here!!!

Took them to a local SSA office to get SSN on January 6, 2015. Cards received on January 10, 2015.

Green Cards received by priority mail on January 23, 2015 (four weeks after arrival).

Both went to motor vehicles and got state issued ID cards on April 11, 2015.

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I got a marriage certificate but apparently we needed to do something else before that. I'm not too sure how would it be ok for USCIS but divorce court could consider it fraud, but her lawyer is pretty confident she can get it.

We used a place my friend recommended me, and he got the 10 year GC with no problem. Maybe they don't even have a chance of getting it after all...

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Your wife & atty seem confident that an annulment can go through

that means (if so) your marriage was never legal.did U not obtain a marriage

license before tying the knot? I can see a marriage cert. if issued in an authentic

manner at a ceremony getting by USCIS, however with an annulment for

that reason of no license issued, no you are not legally married. You wont be

able to AOS when she pull the rug

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*** Thread moved from Removing Conditions forum to the Effects of Major Changes forum, where related issues are often discussed. ***


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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What type of Visa and where were you married?


Met onilne 17 Jan 2012, via skype & yahoo IM

Married 4 Dec 2013

I-130 Filed 1/24/2014

I-130 NOA1 2/7/2014

I-130 NOA2 7/11/2014 Approved

I-130 Package Sent to NVC 7/31/2014

I-130 Package Received at NVC 8/4/2014

Case Uploaded 8/13/2014

Received Case # and Invoice # 8/15/2014

DS-261 Completed 8/27/2014

AOS Fee Paid and Cleared Bank 8/29/2014

AOS Package sent to NVC 8/30/2014

AOS Package Received at NVC 9/2/2014

IV Fee Email Received 9/27/2014

IV Fee Bill Payment Made 9/27/2014

COC for Malayisa Applied Online 9/27/2014

COC for Singapore Applied for at Local Office 9/29/2014, pick-up date 13 Oct 20

DS-260 Completed 10/2/2014

IV Fee's Mark as Paid by NVC 9/30/2014

IV Packet Sent to NVC on 16 Oct 2014

IV Packet Received at NVC 17 Oct 2014

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A fraud generally means that one person intentionally lied about something they knew was important to the other person in order to convince the person to marry. The lie must be so serious that if the other person knew the truth, the other person would never have gone through with the marriage. Anyone using this as a reason for annulment must prove the fraud to the judge by "clear and convincing" evidence. However, if the spouse learns about the fraud and continues to willingly live with the other spouse as husband and wife, the marriage cannot be annuled. There is no right or wrong way to prove one of the grounds for an annulment, since each case is different. Ultimately, it will be up to the judge to decide if enough evidence has been presented to support the claim.

If you have not already... I would "Lawyer Up" and quickly and not an immigration lawyer but a divorce lawyer.

******************************************************************************************************************************************************

Assuming you are still in California this is the link and the definition of fraud for California.

  • Fraud: Either party got married or registered the domestic partnership as a result of fraud. The fraud must have been about something vital to the relationship that directly affected why the party who was deceived agreed to the marriage or domestic partnership. Some examples are marrying only to get a green card or hiding the inability to have children.

http://www.courts.ca.gov/1037.htm

Edited by Elle&Kev

I-751 Removal of Conditions

*************************************************
4/15/17: I-751 Packet sent to CSC 
4/18/17: CSC Received
5/04/17: Check Cashed
5/05/17: NOA
5/11/17: Biometrics Notice Received
5/26/17: Biometrics Appointment
4/18/18: Still Pending - Extension Stamp in Passport good for 6 months
8/25/18: Received an 18 month extension in the mail
 
N 400 Application / Submitted Online
************************************************
Application Support Center: Las Vegas, NV
4/19/18: N400 Application Submitted Online - $725 fee paid
4/20/18: Biometrics Notice Received (Online)
5/04/18: Biometrics Completed / Early Walk In - Scheduled appointment was for 5/11/18 ( estimated completion March 2019 10 months)
 
 
 
 
 
 
 

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You got your CR-1 visa based on marriage to a USC or LPR. In my opinion, if your marriage is annulled it means the marriage never took place and hence you have no grounds to stand on for adjustment of status.

It must have been a really really bad break-up for your wife to go for annulment rather than divorce. It's like she wants to punish you?! If you can talk to your wife, I would try and convince her to file for a divorce rather than an annulment. As far as I have understood from other posters here on VJ, if you divorce, you can still adjust on your own as long as you can show that the marriage was entered into in good faith.

You say you "didn't follow the normal process (we didn't obtain a marriage license days before the wedding)". What does that mean, you obtained the marriage license after the actual wedding ceremony? California don't have a waiting time, so once you get your marriage license, you can marry straight away.


Met online October 2010


Engaged December 31st 2011


heart.gifMarried May 14th 2013 heart.gif



USCIS Stage


September 8th 2014 - Filed I-130 with Nebraska Service Center


September 16th 2014 - NOA1 received


March 2nd 2015 - NOA2 received :dancing:



NVC Stage


March 28th 2015 - Choice of agent complete & AOS fee paid


April 17th 2015 - IV fee paid


May 1st 2015 - Sent in IV application


May 12th 2015 - Sent in AOS and IV documents


May 18th 2015 - Scan Date


June 18th 2015 - Checklist received


June 22nd 2015 - Checklist response sent to NVC


June 25th 2015 - Put for Supervisor Review


Sept 15th 2015 - Request help from Texas US Senator Cornyn and his team


Sept 23rd 2015 - Our case is moved from supervisor review to NVC's team for dealing with Senator requests


Nov 4th 2015 - CASE COMPLETE!!!! :dancing:



Embassy Stage


Dec 16th 2015 - Medical exam


Dec 21st 2015 - Interview


Dec 21st 2015 - 221(g) issued at interview for updated forms


Jan 13th 2016 - Mailed our reply to the 221(g) to the US Embassy, received and CEAC updated the next morning


Jan 20th 2016 - Embassy require more in-depth info on asset for i-864


Feb 1st 2016 - Sent more in-depth info on assets as requested. Received the next morning


Feb 16th 2016 - Visa has been issued :dancing: :dancing: :dancing: :dancing: :dancing:



In the US


April 5th 2016 - POE Newark. No questions asked.


April 14th 2016 - SSN received


May 10th 2016 - First day at my new job :dancing:


May 27th 2016 - Green Card received


June 7th 2016 - Got my Texas driver's license

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Hello,

I recently got separated, after almost 2 years of being married. Now my soon to be ex-wife is applying for annulment on top of divorce.

The base on her petition is because the location where we got married at didn't follow the normal process (we didn't obtain a marriage license days before the wedding).

I know that getting annulment based on fraud could complicate things for me to remove conditions, but in this case the fraud is not against me or us.

I talked to a few immigration lawyers and nobody has seen a similar case before, so I'm wondering if any of you guys had been through anything similar.

I'm afraid the fact that you did not follow the proper process could annul the marriage, just like the Obama administration's immigration policy has been stalled for not following one of policy procedures. Besides, there's a difference between law, ethics and morality... Somethings may seem ethically or morally right but are legally wrong and vice versa. It may be needful at this point to get a reputable lawyer who will argue your case to a reasonable conclusion... This type of annulment would definitely decide your further immigration journey if it falls through...

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Well the above opinion is a popular one (if the marriage is annulled it means it never took place and you have no grounds for AOS etc etc)

This is a frequent misconception because it sounds logical but USCIS isnt always logical. Annulments are complex issues. The annulment itself does not cause you to be ineligible for benefits. However- the underlying reasons it was granted could cause you to be ineligible.

In most cases they are granted for fraud against the party involved- this can cause you to be ineligible after a review. In your specific situation your spouse is seeking to have it annuled based on failing to follow procedure.

This is very rare. I have read cases where the marriage was found out to be not legitimate (which is what may happen in your case) and YES- the underlying benefits were rescinded because no legitimate marriage- no benefits.

So an annulement canceling the marriage legally because of procedure will cause an impact. You will most likely end up in appeals court fighting it out but from previous cases Ive read (you can search the internet for examples because I dont know of any off hand- these are just things Ive come across through the years) I have recollection of the BIA upholding many times that the underlying marriage had to be legitimately documented.

You wont meet that burden of proof. This is similar to cases where one person was married to another at the time they re-wed making their second marriage invalid and it was a no-go. They get them on 'paperwork technicalities' . IMO thats where youre going to fall if the annulment happens based on that.

--

Like the other posters I am confused as to where you were married that you didnt obtain a license? Sounds very odd.


Yes, often I seem like I consider myself the sheriff of VJ riding around a high horse, but I assure you I make plenty of mistakes and are grateful to those who correct me, and yes I know the TOS does not require you to actually read before replying. But VJ forums contents are generated by its users and if we as users want it to remain to be a source of credible, verifiable information, and advice -its up to us to keep it that way by taking care to read and reply carefully.

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A fraud generally means that one person intentionally lied about something they knew was important to the other person in order to convince the person to marry. The lie must be so serious that if the other person knew the truth, the other person would never have gone through with the marriage. Anyone using this as a reason for annulment must prove the fraud to the judge by "clear and convincing" evidence. However, if the spouse learns about the fraud and continues to willingly live with the other spouse as husband and wife, the marriage cannot be annuled. There is no right or wrong way to prove one of the grounds for an annulment, since each case is different. Ultimately, it will be up to the judge to decide if enough evidence has been presented to support the claim.

If you have not already... I would "Lawyer Up" and quickly and not an immigration lawyer but a divorce lawyer.

******************************************************************************************************************************************************

Assuming you are still in California this is the link and the definition of fraud for California.

  • Fraud: Either party got married or registered the domestic partnership as a result of fraud. The fraud must have been about something vital to the relationship that directly affected why the party who was deceived agreed to the marriage or domestic partnership. Some examples are marrying only to get a green card or hiding the inability to have children.

http://www.courts.ca.gov/1037.htm

Fraud is generally acceptable reason for annulment of marriage. However, there are other instances where fraud may not exist yet annulment could be sought and granted, such grounds as religious or cultural reason, or after a couple had been married and some facts emerge for which they shouldn't have been married together in the first place; such as the discovery that they are related etc etc...

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Fraud is generally acceptable reason for annulment of marriage. However, there are other instances where fraud may not exist yet annulment could be sought and granted, such grounds as religious or cultural reason, or after a couple had been married and some facts emerge for which they shouldn't have been married together in the first place; such as the discovery that they are related etc etc...

Actually religious or cultural differences are not grounds for an annulment. A incestuous relationship would be of course, but the OP stated the wife is claiming fraud for her grounds for an annulment. Therefore, the OP needs to be ready to dispute any claims of fraud since that area can be very wide range.


I-751 Removal of Conditions

*************************************************
4/15/17: I-751 Packet sent to CSC 
4/18/17: CSC Received
5/04/17: Check Cashed
5/05/17: NOA
5/11/17: Biometrics Notice Received
5/26/17: Biometrics Appointment
4/18/18: Still Pending - Extension Stamp in Passport good for 6 months
8/25/18: Received an 18 month extension in the mail
 
N 400 Application / Submitted Online
************************************************
Application Support Center: Las Vegas, NV
4/19/18: N400 Application Submitted Online - $725 fee paid
4/20/18: Biometrics Notice Received (Online)
5/04/18: Biometrics Completed / Early Walk In - Scheduled appointment was for 5/11/18 ( estimated completion March 2019 10 months)
 
 
 
 
 
 
 

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Actually religious or cultural differences are not grounds for an annulment. A incestuous relationship would be of course, but the OP stated the wife is claiming fraud for her grounds for an annulment. Therefore, the OP needs to be ready to dispute any claims of fraud since that area can be very wide range.

I hear you... Try do your research on cultural and religious differences and see why this could work... Phillippines for example would not honor a divorce except it was filed by the foreign spouse. In this regard, annulment is more appropriate if the foreign spouse hesitates. In some religion, divorce is a taboo... Annulment could be well received for those in such religion. Go to court and show cause for annulment and see the outcome...

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