Marriage Cancellation or Divorce

[Kennycat 5]

Hello good people of VJs 

I need feedback and good advice for my friend. He just got marriage like a month ago and he told me that his wife said she is not interested in marriage anymore that she found someone else after marriage. And she mention to him that she wanted to cancell the manage...so i don't know if cancellation will affect my friend in future if he finds his own love....or he should just go for divorce.....i hope my English and question will be understand.....thanks in advance waiting for d advice!!!@

[EandH0904 1,184]

Is your friend in the US? How did he get here? 

 

A "cancel " of a marriage is called annul. If you get an annulment (cancelation) it's as though the marriage never took place so any immigrant Visa that took place would disappear.  

 

They are generally very difficult to get though. 

 

[Kennycat 5]

2 minutes ago, EandH0904 said:

Is your friend in the US? How did he get here? 

 

A "cancel " of a marriage is called annul. If you get an annulment (cancelation) it's as though the marriage never took place so any immigrant Visa that took place would disappear.  

 

They are generally very difficult to get though. 

 

Thanks so much he got here on tourist visa and they met couple of months ago.....did marriage last month.....if the marriage cancel hope that wont affect him in future if he remarry?

[EandH0904 1,184]

Just now, Kennycat said:

Thanks so much he got here on tourist visa and they met couple of months ago.....did marriage last month.....if the marriage cancel hope that wont affect him in future if he remarry?

Did he come here on a tourist Visa and knowingly get married and adjust status? Have they tried to adjust status yet? Normally using a divorce waiver would be ok but with a marriage of only one month it will be hard for your friend to prove it was a real relationship.  

 

In order for him NOT to have it be an issue in future he needs to divorce as soon as possible and GO HOME before his tourist visa runs out and he overstays. 

[Kennycat 5]

1 minute ago, EandH0904 said:

Did he come here on a tourist Visa and knowingly get married and adjust status? Have they tried to adjust status yet? Normally using a divorce waiver would be ok but with a marriage of only one month it will be hard for your friend to prove it was a real relationship.  

 

In order for him NOT to have it be an issue in future he needs to divorce as soon as possible and GO HOME before his tourist visa runs out and he overstays. 

They hv not applied for adjust status yet....He said he has been here since last year and his visa has already expired n overstayed i think

[TNJ17 1,329]

38 minutes ago, EandH0904 said:

Did he come here on a tourist Visa and knowingly get married and adjust status? Have they tried to adjust status yet? Normally using a divorce waiver would be ok but with a marriage of only one month it will be hard for your friend to prove it was a real relationship.  

 

In order for him NOT to have it be an issue in future he needs to divorce as soon as possible and GO HOME before his tourist visa runs out and he overstays. 

There’s no divorce waiver for adjustment of status. If he’s no longer married he no longer has a reason to adjust status. If he annuls the marriage, he will have to go back to his home country. An annulment won’t affect any future marriages. Neither will a divorce. A person can marry and divorce however many times they want. If his I-94 is expired and he gets an annulment/divorce without filing for AOS, he will have overstayed (which most people who come here on a tourist visa and get married do) his allowed stay in the US and it will jeopardize future entries/visa applications to the US. Again he can only apply for AOS if he’s still married. Otherwise he has no reason to stay in the US and must go home immediately. 

[Mollie09 1,543]

8 hours ago, EandH0904 said:

Is your friend in the US? How did he get here? 

 

A "cancel " of a marriage is called annul. If you get an annulment (cancelation) it's as though the marriage never took place so any immigrant Visa that took place would disappear.  

 

They are generally very difficult to get though. 

 

 

Annulments don't make immigrant visas go away. You can file for ROC, for example, after an annulment, but not for AOS.

[Chocobo 196]

Each state has their own laws regarding divorce and annulments.  Annulments are harder to obtain than divorces.  Most states are "no fault" states so that you can just cite irreconcilable differences and divorce that way.  If your friend and his wife both agree to the divorce, they can prepare and sign all of the documents on their own without an attorney.  He'll want to check with the county in which they live to find out more about the procedures as it is possible in some counties/states for everything to be done quickly and he can leave the country asap.  However, if they cannot agree on terms of the divorce, or annulment, it may be difficult fr him to leave the country AND fight a legal battle of a divorce.  

 

The longer he stays in the us on an expired tourist visa without applying for an AOS (which it sounds like is no longer an option for him), the greater his jeopardy in the ability to get another visa in the future.

 

Good luck to your friend, he's got some tough decisions.  He may want to consult with an attorney.

[E & J 2018 132]

19 hours ago, Kennycat said:

Hello good people of VJs 

I need feedback and good advice for my friend. He just got marriage like a month ago and he told me that his wife said she is not interested in marriage anymore that she found someone else after marriage. And she mention to him that she wanted to cancell the manage...so i don't know if cancellation will affect my friend in future if he finds his own love....or he should just go for divorce.....i hope my English and question will be understand.....thanks in advance waiting for d advice!!!@

Seriously?!?!? What is going on in this world?!?! 🤦‍♂️

[JFH 12,189]

I recommend your friend signs up here for an account of his own where he can ask his own questions on this complex issue rather than passing messages this way. 

[Boiler 43,736]

20 hours ago, Kennycat said:

Hello good people of VJs 

I need feedback and good advice for my friend. He just got marriage like a month ago and he told me that his wife said she is not interested in marriage anymore that she found someone else after marriage. And she mention to him that she wanted to cancell the manage...so i don't know if cancellation will affect my friend in future if he finds his own love....or he should just go for divorce.....i hope my English and question will be understand.....thanks in advance waiting for d advice!!!@

1 A short marriage should be fairly easy to resolve, he needs a Lawyer by the sound of it to process the Divorce.

 

2. He is out of status and needs to leave asap, the Divorce can be dealt with remotely. As an option he could divorce in his home country.

 

3. Once he is divorced he can of course re marry.