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Mark1980

Please I need Advice Roc with annulment(merged)

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I'm in USA with conditional  green card .the marriage didn't  go well and my wife served me annulment  and the annulment said that I'm fraud and she is mentally illness at the time of marriage. .my wife is bipolar disorder and she was in the hospital 2 months  before  she traveling  to my country  and  getting  married...

She submitted  the I 130 and i 864 and she is the one who did everything so how she is mental illness?  And her mother is my sponsor  too . And all her family  were aware  of the marriage and she traveling  to get married with me . 

I got a lawyer and the lawyer  told me she is going to get the annulment  and all she can do is drop the fraud only but the annulment  will be granted to her mental illness at the time of the marriage .. I'm fighting  this annulment as much as I can  and we have trail soon in court..

I just want to know what is gonna happen if she win the annulment? Is it possible  I  Roc even after the annulment  on mental illness?  I have proof  of good faith marriage. Joint bank accounting..  life insurance.  lease...

Anyone  have Experience with ROC after annulment?  

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Is it possible to ROC with an annulment? Absolutely.

Is it possible if the annulment was due to fraud? Technically yes, but this would be a very, very difficult case.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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23 hours ago, Mark1980 said:

I'm in USA with conditional  green card .the marriage didn't  go well and my wife served me annulment  and the annulment said that I'm fraud and she is mentally illness at the time of marriage. .my wife is bipolar disorder and she was in the hospital 2 months  before  she traveling  to my country  and  getting  married...

She submitted  the I 130 and i 864 and she is the one who did everything so how she is mental illness?  And her mother is my sponsor  too . And all her family  were aware  of the marriage and she traveling  to get married with me . 

I got a lawyer and the lawyer  told me she is going to get the annulment  and all she can do is drop the fraud only but the annulment  will be granted to her mental illness at the time of the marriage .. I'm fighting  this annulment as much as I can  and we have trail soon in court..

I just want to know what is gonna happen if she win the annulment? Is it possible  I  Roc even after the annulment  on mental illness?  I have proof  of good faith marriage. Joint bank accounting..  life insurance.  lease...

Anyone  have Experience with ROC after annulment?  

May God bless you to win at court . I can see how hard to live with your wife who is  Bipolar disorder .

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Dear visajourney members. I have Question .

I'm in process of annulment and I have trail  soon in the court.

My Question is .when exactly I have to send the i751 ? Sending it now and writing statements that I'm going to send them the annulment or divorce  decree as soon as i got it ? Or i have to wait till i got the divorce or annulment  decree in my hand then send the package? 

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This sounds like a question for an attorney, since annulments erase the marriage event and the basis for the GC..  Read these attorney answers:  https://www.avvo.com/legal-answers/annulment-and-applying-for-i-751-343565.html


"Experience can be a tough teacher to those who fail to heed good advice"- Missileman, 12/6/18

"Only a fool would fail to heed the advice of someone who has walked in his shoes"- Missileman, 2/8/19

"What I am to be, I am NOW becoming"- Benjamin Franklin

First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

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im not sure youll be able to go through ROC with an annulment. As misselman said up there, an annulmant erases the marriage, and as such your basis for being here.

 

You can file for ROC with divorce waiver.

 

Hire a divorce attorney well versed in immigration issues.

Edited by debbiedoo

5/7/2018 K1       Application mailed

5/9/2018             Application rec'd and signed for (sent via fedex)

5/14/2018          NOA1 Email notification

5/18/2018          NOA1 Paper copy rec'd (i797C)

11/5/2018          NOA2 ❤️ no RFE's

11/19/2018        NVC Received file

12/13/2018        Consulate received/ ready to schedule interview

 

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I'm here in USA with conditional green card . My wife served me annulment  and I'm fighting  it to be divorce  .I have trail next week .my lawyer  told me that my wife lawyer give her an offer . This offer is I accept  the annulment  based on my wife mental illness?  What I have to do ? If I accept  this annulment based on that ground when the time comes to Roc is there will be any problems to remove the condition on my green card ?  My lawyer told me too that the judge going to be in her side  so it's better to take the offer . 

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This is seriously beyond this forum, and my layman's view is that it depends how strong your RoC application is, Annulment does not bar a RoC but I can not imagine it helps.

 

Assuming your Lawyer knows nothing about the Immigration aspects, I would have thought somebody needs to add a Lawyer who does.

 

 


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Boiler you are professional and I read alot of you post and your reply. You have alot of knowledge.  My situation is .

My wife have bipolar and mental disorders I know about that's before  the marriage. But she takes her medication and she is doing fine . The facts is . She traveled 16 hours to my country and she stayed with me for 2 months and then she traveled way back to USA 16 hours . Then she started  the i130 and after 1 year and half I came here to USA on cr1 Visa conditional green card . I have statement from her that I insisted to living in my country  but she is the one who refused that and she insisted  we living in USA.  I have affidavit from her mother and grand mother and her father  and her sister  saying  that's our marriage  is real and it's in good faith . We have tons of pic together  . Her mother is my cosponsor.  I have joint bank account with my wife I have surveillance camera video showing that we were living  together  I have life insurance  and Accident  insurance  and she is the beneficiary. I have paychecks stubs showing I'm married  and showing the same address  with her . I have my Id  and dl showing the same address with my wife . I HAVE AFFIDAVIT  FROM HER physiology doctor  saying that she is in good mental  capacity to take her own decisions  but this affidavit  date is 8 months  after the marriage. ... now she served me this annulment  and the ground is I'm fraud and I used her mental illness to coming to USA.  Second ground is she was mentally I'll in the time of the marriage. Third ground is that we didn't  make sex .which is all are not true and lie . No my family  lawyer asking me to accept  the annulment based on mental illness and they gonna drop the fraud from the case..

I Have email from her lawyer  asking my lawyer  for 10k to drop  the annulment  and convert  it to divorce.  .. what is your  opinion  about all that?  

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22 minutes ago, Boiler said:

This is seriously beyond this forum, and my layman's view is that it depends how strong your RoC application is, Annulment does not bar a RoC but I can not imagine it helps.

 

Assuming your Lawyer knows nothing about the Immigration aspects, I would have thought somebody needs to add a Lawyer who does.

 

 

 

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My Professional field is not Immigration.

 

I can opine, well we all can but do remember all I know is what you have written here and there may be other details that may be significant or not.

 

Sounds an awful situation.  My first thought is who do you think is driving the money grab, my understanding is that is most places an annulment is hard to get especially when you have been married so long, do you think it is her idea or she has been led into it.

 

Second thought is if your Divorce Lawyer knows that annulment does not preclude you removing conditions, her Lawyer may no realise this and assumes this is a big stick to use against you to get money out of you, would weaken their position maybe if they knew and may make negotiations easier? Something to discuss with your Lawyer.

 

A friend of mine once cynically said that as far as Lawyers are concerned Divorce is never finished until there is no money left.

 

 


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Dear pkkkr  and  vandaveer.

I'm very very sorry to post here in your post . But I'm desperate and I need y'all help . I'm conditional green card and my wife is Annulment me . I was keepin fighting it . But my lawyer advised me to sign this annulment.  And my lawyer she is the one who writes the annulment read it please  ( The Court finds that the marriage between the parties, while entered into in good faith, is voidable and subject to annulment because Petitioner lacked the necessary mental capacity at the time of the marriage and the essentials of the marriage were not achieved. The Court, therefore, finds that the marriage of  my name and her name  is voidable and should be annulled as prayed for by Petitioner. ) is that's looks good in uscis eyes ? 

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~~One post from a zombie thread removed and merged to an existing thread and 2 other similar threads merged also. Please keep your questions related to this topic together in this thread. It really does help members when all the information is in one place.~~

Edited by Ontarkie

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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