Annulment or Divorce

[Charlie102 0]

My immigrant husband had abandoned me after only being in USA in 3 months.After he had found an stable employment. I had reported Marriage Fraud to Uscis . His conditional status is for 1 year. Unfortunately he had deceived me to only receive a green card. I was advised to file for an divorce or annulment before his conditional status has to be removed that he would not be able to change the status to permanent. Only seeking some information until ICE and Uscis continues the investigation. 
thank u

Lisa

[Georgia16 2,858]

18 minutes ago, Charlie102 said:

My immigrant husband had abandoned me after only being in USA in 3 months.After he had found an stable employment. I had reported Marriage Fraud to Uscis . His conditional status is for 1 year. Unfortunately he had deceived me to only receive a green card. I was advised to file for an divorce or annulment before his conditional status has to be removed that he would not be able to change the status to permanent. Only seeking some information until ICE and Uscis continues the investigation. 
thank u

Lisa

There is no GC for only 1 year. 
 

and also he can file for ROC with a divorce waiver without you he may have difficulty to show evidence of marriage being that short. 
 

[kris&me 572]

seems like if you are able to get an annulment,  he would be in a little trouble

but he can adjust status with a divorce

[USAjune2016 101]

Please be sure that this was his only intention before you do what you have to do. If you guys just fought and it didn't workout and he left I think It would be unfair to report him or use that against him but If he just left for no reason as soon as he got his papers than this would be a different story because that would require an annulment because the marriage was not real in first place. The judge would have to rule an annulment and USCIS would not process any application for him anymore. Again please be fair don't do that just for revenge. 

[payxibka 10,045]

16 minutes ago, kris&me said:

seems like if you are able to get an annulment,  he would be in a little trouble

but he can adjust status with a divorce

Remove conditions not adjust status 

[Georgia16 2,858]

5 minutes ago, USAjune2016 said:

Please be sure that this was his only intention before you do what you have to do. If you guys just fought and it didn't workout and he left I think It would be unfair to report him or use that against him but If he just left for no reason as soon as he got his papers than this would be a different story because that would require an annulment because the marriage was not real in first place. The judge would have to rule an annulment and USCIS would not process any application for him anymore. Again please be fair don't do that just for revenge. 

You Can actually still continue with an annulment. 

[USAjune2016 101]

11 minutes ago, Georgia16 said:

You Can actually still continue with an annulment. 

I've heard of a case where the IO denied I-751 because there was an annulment. The IO  considered that there is no marriage in first place to approve his application, annulment means the marriage never happened. Maybe he can still continue if he can appeal the annulment judge decision by providing evidence that the marriage was real... 

Edited December 6, 2019 by USAjune2016

[Boiler 45,659]

Very unusual to get an annulment and yes he could still remove conditions.

 

However removing conditions when the OP has submitted solid evidence may well be difficult.

[Charlie102 0]

He didn’t want us to have anything joint, he said it wasn’t necessary and we will not be interviewed. This is why I became Increasingly suspicious of his motives of Marrying me. He wasn’t helping with bills  and rent  plus he would only purchase things for himself and he was also on drugs

Edited December 6, 2019 by Charlie102
Wasn’t finished

[Boiler 45,659]

How long have you been married?

[Charlie102 0]

Going on 2 years

[carmel34 3,639]

To get an annulment approved you'll have to have documentary evidence of fraud.  Do you have that?  If all you have is what you've described here in your posts, an annulment will not be approved.  What hard evidence do you have that he committed fraud?  Do you have emails or text messages from him saying that he only wanted to marry you to get a green card then he will leave you?  You already submitted evidence that the marriage was bona fide to get his spousal visa approved, that it was entered into in good faith.  If the marriage didn't work out later, for whatever reason, that's not fraud, it's just another marriage that didn't work.  We see this often here on Visa Journey.  If you have solid evidence of fraud, submit that to a family court judge and try for an annulment, but the bar is very high and he will have all the evidence you submitted to get his visa approved that the marriage was real.  If the annulment is denied, you'll get a divorce and he can continue his legal status in the US with a divorce waiver on his own.  A typical emotional reaction in these cases is to try and get revenge on the person who left you, but try and think rationally and move on for your own mental health and well-being.  Good luck with your journey!

[geowrian 22,337]

15 hours ago, USAjune2016 said:

I've heard of a case where the IO denied I-751 because there was an annulment. The IO  considered that there is no marriage in first place to approve his application, annulment means the marriage never happened. Maybe he can still continue if he can appeal the annulment judge decision by providing evidence that the marriage was real... 

Annulment due to fraud will be strongly considered by the IO. They aren't going to overrule what a judge has already determined, which is that there was fraud.

Annulment itself is not a basis for denial.

 

Annulments are not easy to obtain, especially in comparison to a divorce.

[Downloader 199]

As said before, you signed a bunch of papers and submitted proof telling the government that the marriage was bonafide and to approve an immigrant benefit for your husband and it was granted....now the bar will be set way higher to prove the opposite.

If fraud cannot be proved then you’re getting a divorce and he gets to keep his status...might be hard for him to remove conditions in the future but not impossible, you will be on the hook until he naturalizes or abandon his green card. Hard to admit it but that’s part of the risks involved. 

Edited December 6, 2019 by Downloader

[Duke & Marie 1,389]

15 hours ago, Charlie102 said:

He didn’t want us to have anything joint, he said it wasn’t necessary and we will not be interviewed. This is why I became Increasingly suspicious of his motives of Marrying me. He wasn’t helping with bills  and rent  plus he would only purchase things for himself and he was also on drugs

My ex was similar... his money was his all the bills were mine, nothing in both names... not sure it accounts to immigration fraud tho, more like self-absorbed ###.

 

you may need more evidence to prove frauds in order to obtain an annulment.

Edited December 6, 2019 by Duke & Marie