How Annulment impacts Citizenship

[emekus94 1,125]

Hi everyone-

 

Here's the situation -

A friend just got his citizenship - under the three year rule. He immigrated from Sweden.

His American wife just filed for an annulment- and from all indications, will be granted the annulment in a few shorts months.

 

Question: Unlike a divorce, an annulment states that a marriage NEVER occurred. My friend from Sweden immigrated on the fiancé visa, based on marriage and received his citizenship based on marriage.
If their marriage is annulled, is he on pace to be sent back to Sweden? Because by technicality, what he immigrated on (marriage), never exists? Or can he stay with the citizenship he just got?

[Boiler 43,683]

Annulments are rare, especially after such a long time, very rare.

 

What is the basis of the annulment?

[Ontarkie 13,947]

~~Moved to Effects of Major Family Changes on Immigration, from K1 P&P ~~

[Ontarkie 13,947]

He should not sign anything for an annulment. If she is going to have fraud listed in there it possibly could mess things up. But one thing for sure fight the annulment. 

[Scandi 3,977]

The marriage exists in regards to immigration purposes - divorce or annulment doesn't matter. He's fine.

[Free Man 115]

Your friend was able to convince USCIS that the marriage was real that's why they issued him a green card and subsequently got citizenship. The whole process took atleast 4 years I guess  Unless hell freezes,  I don't see anyway his citizenship can be affected.  But would recommend seeking the services of the divorce attorney and fight for a divorce.  

 

[nastra30 2,030]

This is an interesting case. Does your friend too prefer an annulment over divorce?

[beloved_dingo 1,939]

15 hours ago, Boiler said:

Annulments are rare, especially after such a long time, very rare.

 

What is the basis of the annulment?

This is true. After 3 years, some type of serious fraud or misrep would have to be involved. 

 

Of course, someone filing for annulment doesn't mean they actually have a valid reason. 

[Family 3,549]

19 hours ago, emekus94 said:

A friend just got his citizenship

Short of past fraud , friend is set, but should fight in divorce court for dissolution and not agree to annulment. 
 

Since 2018 there is a growing number  of dé naturalization investigations and successful cases, thanks to ATLAS 

 

“From what we are able to scrutinize in terms of the end results … there is ample reason to consider ATLAS a threat to naturalized citizens.”

https://theintercept.com/2021/08/25/atlas-citizenship-denaturalization-homeland-security/

 

[emekus94 1,125]

So I don’t know if the friend prefers an annulment vs divorce…

I don’t know all the particulars and I don’t think fraud per se has been mentioned. I know they have had a very tumultuous marriage till this point. 

 

what I do know is that The wife is seeking an annulment and on the catholic end, is Going to succeed on the ground that my friend did not have intention to uphold the sanctity of marriage with children and other things with the church. And he blatantly lied about wanting all the things that he claimed he wanted- which he is not fulfilling- (my friend isn’t supporting the wife or their son or anything like that). Supposedly, the wife have heard from some priests that she has a very strong case. 
I don’t know how this plays in American annulment court so I suppose we wait and see if she files there?

 

but I’ll let the friend know that so long as fraud isn’t involved, he should be okay on the immigration end? But seems best to get a divorce if he can?

[emekus94 1,125]

8 hours ago, Family said:

Short of past fraud , friend is set, but should fight in divorce court for dissolution and not agree to annulment. 
 

Since 2018 there is a growing number  of dé naturalization investigations and successful cases, thanks to ATLAS 

 

“From what we are able to scrutinize in terms of the end results … there is ample reason to consider ATLAS a threat to naturalized citizens.”

https://theintercept.com/2021/08/25/atlas-citizenship-denaturalization-homeland-security/

 

Yea

I read about this one time on the forum- about folks getting their naturalizations revoked which is what led us down this rabbit hole.

but as Beloved_dingo said, who knows what case she actually presents in annulment court and this whole thing can be thrown out. 

[Family 3,549]

18 minutes ago, emekus94 said:

fulfilling- (my friend isn’t supporting the wife or their son or anything like that).

In the USA, we believe everyone has a right to be an idiot….being a deadbeat dad will catch up to him someday. …

 

 

 

Child Support Payments

 

If you owe $2,500 or more in child support, you are not eligible to receive a U.S. passport.

Pay your child support arrears to the appropriate state child support enforcement agency before applying for your passport.

https://travel.state.gov/content/travel/en/passports/legal-matters/child-support.html

[emekus94 1,125]

1 hour ago, Family said:

In the USA, we believe everyone has a right to be an idiot….being a deadbeat dad will catch up to him someday. …

Some folks shouldn’t Marry, or have kids. I think these 2 fall under that bucket. 

but alas….

 

thanks everyone.

I’ll update if and when I hear anything about how the annulment pans out for anyone else that might find themselves in a similar boat- 

[Ontarkie 13,947]

The Church annulment is just for the church so she can eventually remarry in the church. This is in no way the same as a court annulment and she will still be required to get a divorce before the church can grant the annulment if she qualifies for it. Seems she thinks she can skip a step. 

[Boiler 43,683]

I assumed this was a US annulment, now of the view that it is somewhere else.