I 751 Approval after annulment.

[PKKR 5]

7 minutes ago, Coco8 said:

I would go all out on the evidence of the bona fide relationship.

 

The text in that link regarding annulment basically gives the definition and has no information on what UCSIS does with that. It is open to interpretation.

 

The first part at the top says a marriage has to be "valid":

 

"The applicant must establish validity of his or her marriage. In general, the legal validity of a marriage is determined by the law of the place where the marriage was celebrated (“place-of-celebration rule”). Under this rule, a marriage is valid for immigration purposes in cases where the marriage is valid under the law of the jurisdiction in which it is performed.

 

And then when it comes to annulment it says (bold & red), that it is retroactive and so, the marriage is invalid:

 

A person’s marital status may be terminated by a judicial divorce or by an annulment. A divorce or annulment breaks the marital relationship. The applicant is no longer the spouse of a U.S. citizen if the marriage is terminated by a divorce or annulment. Accordingly, such an applicant is ineligible to naturalize as the spouse of a U.S. citizen if the divorce or annulment occurs before or after the naturalization application is filed. ^"

 

The result of annulment is to declare a marriage null and void from its inception. An annulment is usually retroactive, meaning that the marriage is considered to be invalid from the beginning. A court's jurisdiction to grant an annulment is set forth in the various divorce statutes and generally requires residence or domicile of the parties in that jurisdiction. When a marriage has been annulled, it is documented by a court order or decree. 

 

In contrast, the effect of a judicial divorce is to terminate the status as of the date on which the court entered the final decree of divorce. When a marriage is terminated by divorce, the termination is entered by the court with jurisdiction and is documented by a copy of the final divorce decree. USCIS determines the validity of a divorce by examining whether the state or country which granted the divorce properly assumed jurisdiction over the divorce proceeding. ^[25]USCIS also determines whether the parties followed the proper legal formalities required by the state or country in which the divorce was obtained to determine if the divorce is legally binding. ^[26] In all cases, the divorce must be final.

 

An applicant’s ineligibility for naturalization as the spouse of a U.S. citizen due to the death of the citizen spouse or to divorce is not cured by the subsequent marriage to another U.S. citizen. "

 

 

 

 

 

 

 

 

First of all, Thanks for your time, I truly appreciate you working with me. With deep research I found, "8 CFR 216.5" is the law which is followed for adjudication for I 751 waiver. If you read the exact wording of law, looks like i'm in good shape. what do you say? As it says as long as it's legally terminated I'm good. I thankyou again, It's kind of you to work with me..

 

https://www.law.cornell.edu/cfr/text/8/216.5

 

 

§ 216.5 Waiver of requirement to file joint petition to remove conditions by alien spouse.

(a)General.

(1) A conditional resident alien who is unable to meet the requirements under section 216 of the Act for a joint petition for removal of the conditional basis of his or her permanent resident status may file Form I-751, Petition to Remove the Conditions on Residence, if the alien requests a waiver, was not at fault in failing to meet the filing requirement, and the conditional resident alien is able to establish that:

(i) Deportation or removal from the United States would result in extreme hardship;

(ii) The marriage upon which his or her status was based was entered into in good faith by the conditional resident alien, but the marriage was terminated other than by death, and the conditional resident was not at fault in failing to file a timely petition; or

(iii) The qualifying marriage was entered into in good faith by the conditional resident but during the marriage the alien spouse or child was battered by or subjected to extreme cruelty committed by the citizen or permanent resident spouse or parent.

(2) A conditional resident who is in exclusion, deportation, or removal proceedings may apply for the waiver only until such time as there is a final order of exclusion, deportation or removal.

(b)Fee. Form I-751 shall be accompanied by the appropriate fee required under § 103.7(b) of this Chapter.

(c) [Reserved]

(d)Interview. The service center director may refer the application to the appropriate local office and require that the alien appear for an interview in connection with the application for a waiver. The director shall deny the application and initiate removal proceedings if the alien fails to appear for the interview as required, unless the alien establishes good cause for such failure and the interview is rescheduled.

(e)Adjudication of waiver application -

(1)Application based on claim of hardship. In considering an application for a waiver based upon an alien's claim that extreme hardship would result from the alien's removal from the United States, the director shall take into account only those factors that arose subsequent to the alien's entry as aconditional permanent resident. The director shall bear in mind that any removal from the United States is likely to result in a certain degree of hardship, and that only in those cases where the hardship is extreme should the application for a waiver be granted. The burden of establishing that extreme hardship exists rests solely with the applicant.

[Coco8 1,039]

I think the advantage that you have is that it says that "The marriage upon which his or her status was based was entered into in good faith by the conditional resident alien", which means you. So you will have to show plenty of proof about that which is not just paperwork of bank accounts, living arrangements, etc., but time you have spent together, letters/emails/chats with special highlights of what you said. They won't read everything so you can make special extracts for them, like a summary, and then if you want you can dump a lot of stuff for them to see quantity. 

 

To my understanding, you will also have to show evidence of leaving the US "would result in extreme hardship". At the end it says 'The burden of establishing that extreme hardship exists rests solely with the applicant.". 

 

That said, I think you will have a difficult time so you need to really think through the evidence and how to prepare it.

 

 

14 minutes ago, PKKR said:

First of all, Thanks for your time, I truly appreciate you working with me. With deep research I found, "8 CFR 216.5" is the law which is followed for adjudication for I 751 waiver. If you read the exact wording of law, looks like i'm in good shape. what do you say? As it says as long as it's legally terminated I'm good. I thankyou again, It's kind of you to work with me..

 

https://www.law.cornell.edu/cfr/text/8/216.5

 

 

§ 216.5 Waiver of requirement to file joint petition to remove conditions by alien spouse.

(a)General.

(1) A conditional resident alien who is unable to meet the requirements under section 216 of the Act for a joint petition for removal of the conditional basis of his or her permanent resident status may file Form I-751, Petition to Remove the Conditions on Residence, if the alien requests a waiver, was not at fault in failing to meet the filing requirement, and the conditional resident alien is able to establish that:

(i) Deportation or removal from the United States would result in extreme hardship;

(ii) The marriage upon which his or her status was based was entered into in good faith by the conditional resident alien, but the marriage was terminated other than by death, and the conditional resident was not at fault in failing to file a timely petition; or

(iii) The qualifying marriage was entered into in good faith by the conditional resident but during the marriage the alien spouse or child was battered by or subjected to extreme cruelty committed by the citizen or permanent resident spouse or parent.

(2) A conditional resident who is in exclusion, deportation, or removal proceedings may apply for the waiver only until such time as there is a final order of exclusion, deportation or removal.

(b)Fee. Form I-751 shall be accompanied by the appropriate fee required under § 103.7(b) of this Chapter.

(c) [Reserved]

(d)Interview. The service center director may refer the application to the appropriate local office and require that the alien appear for an interview in connection with the application for a waiver. The director shall deny the application and initiate removal proceedings if the alien fails to appear for the interview as required, unless the alien establishes good cause for such failure and the interview is rescheduled.

(e)Adjudication of waiver application -

(1)Application based on claim of hardship. In considering an application for a waiver based upon an alien's claim that extreme hardship would result from the alien's removal from the United States, the director shall take into account only those factors that arose subsequent to the alien's entry as aconditional permanent resident. The director shall bear in mind that any removal from the United States is likely to result in a certain degree of hardship, and that only in those cases where the hardship is extreme should the application for a waiver be granted. The burden of establishing that extreme hardship exists rests solely with the applicant.

 

[EM_Vandaveer 2,370]

5 minutes ago, Coco8 said:

I think the advantage that you have is that it says that "The marriage upon which his or her status was based was entered into in good faith by the conditional resident alien", which means you. So you will have to show plenty of proof about that which is not just paperwork of bank accounts, living arrangements, etc., but time you have spent together, letters/emails/chats with special highlights of what you said. They won't read everything so you can make special extracts for them, like a summary, and then if you want you can dump a lot of stuff for them to see quantity. 

 

To my understanding, you will also have to show evidence of leaving the US "would result in extreme hardship". At the end it says 'The burden of establishing that extreme hardship exists rests solely with the applicant.". 

 

That said, I think you will have a difficult time so you need to really think through the evidence and how to prepare it.

 

 

 

The hardship waiver is different from the divorce/annulment waiver. OP doesn't have to prove hardship.

No chatlogs or similar required for ROC. Bona fide marriage means co-habitation and financial co-mingling.

OP don't panic, submit your documents, you'll be fine. Include a cover letter explaining why you had the marriage annulled instead of opting for a divorce. You'll be fine.

Edited June 20, 2018 by EM_Vandaveer

[PKKR 5]

2 minutes ago, Coco8 said:

I think the advantage that you have is that it says that "The marriage upon which his or her status was based was entered into in good faith by the conditional resident alien", which means you. So you will have to show plenty of proof about that which is not just paperwork of bank accounts, living arrangements, etc., but time you have spent together, letters/emails/chats with special highlights of what you said. They won't read everything so you can make special extracts for them, like a summary, and then if you want you can dump a lot of stuff for them to see quantity. 

 

To my understanding, you will also have to show evidence of leaving the US "would result in extreme hardship". At the end it says 'The burden of establishing that extreme hardship exists rests solely with the applicant.". 

 

That said, I think you will have a difficult time so you need to really think through the evidence and how to prepare it.

 

 

 

oh no!! Please don't read my cutting just open the link, you'll understand everything. That is "either/or" thing. Hardship is completely different thing. I would say if you've time open the link quickly & you would know. I'm pasting the link. Thanks

 

https://www.law.cornell.edu/cfr/text/8/216.5

[PKKR 5]

3 minutes ago, EM_Vandaveer said:

The hardship waiver is different from the divorce/annulment waiver. OP don't panic, submit your documents, you'll be fine. Include a cover letter explaining why you had the marriage annuled instead of opting for a divorce. You'll be fine.

Thankyou & God Bless. You're awesome for giving your time & input. 

[EM_Vandaveer 2,370]

USCIS itself states on the website that one if the eligibility categories for filing I-751 is "Entered into a marriage in good faith, but the marriage ended through divorce or annulment".

If people with annulled marriages weren't eligible, it would say so. It doesn't. It's immaterial if the marriage ended through annulment or divorce.

[PKKR 5]

1 minute ago, EM_Vandaveer said:

USCIS itself states on the website that one if the eligibility categories for filing I-751 is "Entered into a marriage in good faith, but the marriage ended through divorce or annulment".

If people with annulled marriages weren't eligible, it would say so. It doesn't. It's immaterial if the marriage ended through annulment or divorce.

Hi Vandaveer, The marriage lasted total 14 months, However, It only worked out 3 months after rcvng Conditional Residency. I got cond. Residency after 11 months of marriage. Do you think, It will be a huge red flag? I do have lease, Joint bank, Pics etc etc. Pls advise, Thanks.

[EM_Vandaveer 2,370]

3 minutes ago, PKKR said:

Hi Vandaveer, The marriage lasted total 14 months, However, It only worked out 3 months after rcvng Conditional Residency. I got cond. Residency after 11 months of marriage. Do you think, It will be a huge red flag? I do have lease, Joint bank, Pics etc etc. Pls advise, Thanks.

The timing may cause problems. Very few ROC petitions are denied. IMHO, denial is unlikely. It's possible they'll interview you, though.

[PKKR 5]

3 minutes ago, EM_Vandaveer said:

The timing may cause problems. Very few ROC petitions are denied. IMHO, denial is unlikely. It's possible they'll interview you, though.

Yeah, Honestly to tell you, My heart says exactly the same but Interview isn't a problem for me. I would stress out If I see denial as Attorney & extra expenses would kill me, Even then I know I've enough evidence to prove bonafide marriage. I've nothing to lie & hide. If something didn't work out i cant carry on to that just because i want residency & all, rather I would stick to the truth.

Thankyou much though! you're wonderful.

[Boiler 43,760]

Certainly an interesting one and an odd way to go.

 

Goes without saying this is one for sound legal guidance.

[PKKR 5]

5 minutes ago, Boiler said:

Certainly an interesting one and an odd way to go.

 

Goes without saying this is one for sound legal guidance.

Federal regulation i.e.  "8 CFR 216.5"  permits me, Please open the link, it just have to be termination be it annulment or divorce . Please provide input of your thoughts on this, Thankyou.

 

https://www.ecfr.gov/cgi-bin/text-idx?SID=7ed33cae56480a0215b7fd0bc7967275&mc=true&node=se8.1.216_15&rgn=div8

[Boiler 43,760]

Just now, PKKR said:

Federal regulation i.e.  "8 CFR 216.5"  permits me, Please open the link, it just have to be termination be it annulment or divorce . Please provide input of your thoughts on this, Thankyou.

 

https://www.ecfr.gov/cgi-bin/text-idx?SID=7ed33cae56480a0215b7fd0bc7967275&mc=true&node=se8.1.216_15&rgn=div8

A case where a competent Immigration Lawyer would be well worth the investment, certainly not DIY.

[PKKR 5]

24 minutes ago, Boiler said:

A case where a competent Immigration Lawyer would be well worth the investment, certainly not DIY.

I'm sorry to say but I don't think so. If you were a lawyer I could easily beat you in this case. I'm leaving this comment because future reader shouldn't get discouraged. Please avoid lawyer for simple cases  i.e.  arranging papers and giving a Courier service for thousands, Unless you've problem with reading and writing stuff. In bottom of my heart I already know it's a win but I'm still here for second opinion as it's always good to be confident but not overconfident. I cherish people who all are sharing their thoughts with me and deeply thankful to em, rest there are bunch of law firms in my city & I don't need lame obvious advise from someone on VJ to go there,  Good luck.

[OLee 64]

OP, I wish you the best. Maybe your case is a rare one, but after reading all links you provided it looks like the good outcome is on your side. 

[KeratNY 76]

1 hour ago, PKKR said:

I'm sorry to say but I don't think so. If you were a lawyer I could easily beat you in this case. I'm leaving this comment because future reader shouldn't get discouraged. Please avoid lawyer for simple cases  i.e.  arranging papers and giving a Courier service for thousands, Unless you've problem with reading and writing stuff. In bottom of my heart I already know it's a win but I'm still here for second opinion as it's always good to be confident but not overconfident. I cherish people who all are sharing their thoughts with me and deeply thankful to em, rest there are bunch of law firms in my city & I don't need lame obvious advise from someone on VJ to go there,  Good luck.

How did you even lose this annulment case? Did you not use a lawyer? Seems like a simple one for you to win. Why couldn't you just say "I thought I wanted children and then I changed my mind" and won the case and gotten it changed to a divorce? (that wouldn't be "fraud" or "dishonesty" so you must not have put forth this argument.)

 

The fact that you lost this case is very troubling and means you may not have what it takes to make a persuasive case for ROC. If indeed you did not get a lawyer the first time around, aren't you once bitten twice shy?