Naturalization Application and Marriage Annulment

[uhuru 0]

Hi all-

I have been a Permanent Resident since 2000. However, my marriage to a US citizen was annulled in 2003 after I received my 10-yr green card. I am considering applying for naturalization but would like to fully understand what the ramifications would be since my marriage was annulled (not divorce).

What are the chances of being denied citizenship?

Will they revoke my green card?

Technically, I am not applying for citizenship based on marriage to a US citizen but rather based on the fact that I have had the green card for over 5-yrs. However, since my green card was based on marriage to a US citizen, the immigration officer would want to know what happened to the marriage. Will they automatically deny me citizenship based on my marriage having been annulled?

My annulment was very simple: significant misunderstanding. My ex wife miscarried and wanted us to try to have a baby again, I got scared and wanted to wait and focus on other things. She basically got tired of waiting and decided to annul the marriage. No hard feelings-- just part of life.

Thank you!

[bonnerbonner 6]

I am not sure if I have an answer or the correct answer, but I think if the marriage was entered on good faith and you can prove it... then that is what the IO wants to see. That is just my opinion.

[raaza 0]

If the GC is based on being married to a USC, yes they will definitly asked Qs about your marriage( good faith) BUT for naturalization application based on 5 years rule the Marriage, Divorced, annulment is no more an issue and did not affect on the naturalization process until and unless there are other issues involved.

[nigel 7]

Hi all-

I have been a Permanent Resident since 2000. However, my marriage to a US citizen was annulled in 2003 after I received my 10-yr green card. I am considering applying for naturalization but would like to fully understand what the ramifications would be since my marriage was annulled (not divorce).

What are the chances of being denied citizenship?.. Answer...If you meet the usc requirements chances are good..

Will they revoke my green card? Answer....No why should they revoke your green card? you have done nothing wrong..and FYI uscis can not take your green card away..only a immigration judge can do that with the uscis evidence to prove you entred into a marriage in not good faith agreement.

Technically, I am not applying for citizenship based on marriage to a US citizen but rather based on the fact that I have had the green card for over 5-yrs. However, since my green card was based on marriage to a US citizen, the immigration officer would want to know what happened to the marriage. Will they automatically deny me citizenship based on my marriage having been annulled?...Answer....No

My annulment was very simple: significant misunderstanding. My ex wife miscarried and wanted us to try to have a baby again, I got scared and wanted to wait and focus on other things. She basically got tired of waiting and decided to annul the marriage. No hard feelings-- just part of life.

Thank you!

[NickD 202]

Was under the impression that marriages could only be annulled if consummation didn't take place. Even said on our marriage certificate, Not Valid Until This Marriage is Consummated. Ha, had to look up at that word in the dictionary. Ironically, was never asked if our marriage was consummated by the USCIS, was more like, are we paying taxes together. But annulment or divorce means about the same thing to most people.

One big flag the USCIS will raise and you never mentioned this, did you remarrying? And if you did, was it to a person in your home country? If not, don't see where you will have any problems. I-751 has all kinds of exceptions for a couple that didn't stay together as one example.

[Brother Hesekiel 2,235]

USCIS treats divorce and annulment, which is very hard to get in the US, by the way, equally. Had this happened before you removed conditions, you would have had to file with a waiver and prove that you entered the marriage in good faith. All of this is long water under the bridge, will not come up anymore, and even if it did, it would be a non-issue for naturalization purposes.

[uhuru 0]

USCIS treats divorce and annulment, which is very hard to get in the US, by the way, equally. Had this happened before you removed conditions, you would have had to file with a waiver and prove that you entered the marriage in good faith. All of this is long water under the bridge, will not come up anymore, and even if it did, it would be a non-issue for naturalization purposes.

Thanks to all who responded.

So even though under the law an annulment is retroactive and acts as though you were never married, under Naturalization rules the annulment is not different from divorce, furthermore the 10-yr green card was issued when we were still married. The immigration officials reviewed my marriage and concluded that it was legitimate and done in good faith that's why they issued the 10-yr green card. They can't now go back and say that "oops, because your wife chose an annulment, this means that you were not married???" So, I shouldn't worry much about annulment??????

Thank you.

[nigel 7]

Thanks to all who responded.

So even though under the law an annulment is retroactive and acts as though you were never married, under Naturalization rules the annulment is not different from divorce, furthermore the 10-yr green card was issued when we were still married. The immigration officials reviewed my marriage and concluded that it was legitimate and done in good faith that's why they issued the 10-yr green card. They can't now go back and say that "oops, because your wife chose an annulment, this means that you were not married???" So, I shouldn't worry much about annulment??????

Thank you.

No...Your marriage is dead and berried 2003....you file under the 5 yr rule now..

Good Luck

[Brother Hesekiel 2,235]

I understand why you would think that way, which is one of the reasons why an annulment of a marriage usually requires that it had not been consumated, but keep in mind that if you got married, and 20 years later they find out that your husband never was your husband because the crook had 40 children with 8 women he was married to at the same time, it would be unfair to punish you for it.

[uhuru 0]

USCIS treats divorce and annulment, which is very hard to get in the US, by the way, equally. Had this happened before you removed conditions, you would have had to file with a waiver and prove that you entered the marriage in good faith. All of this is long water under the bridge, will not come up anymore, and even if it did, it would be a non-issue for naturalization purposes.

Thanks.

Do you know people, or anybody, whose marriage was annulled and successfully applied and received citizenship?

I think I am just paranoid.. this process reminds me of how hard it was to get a GC in the first place.. having flashbacks.

[NickD 202]

Thanks.

Do you know people, or anybody, whose marriage was annulled and successfully applied and received citizenship?

I think I am just paranoid.. this process reminds me of how hard it was to get a GC in the first place.. having flashbacks.

Beating around a dead horse in this thread, not even sure how you got that annulment. Was that done in the USA? But then divorce or annulments are a state issue, and we have 50 of those. Some religion institutions can annul an marriage, but not honored by any court of law. While marriage can be performed by anybody, divorce or annulment has to be done in a court of law to be considered legal. Civil annulments generally occur days after the marriage, like a couple getting drunk aboard a cruise ship or in Las Vegas.

But if you want to be less paranoid, what happened since your marriage was dissolved? Who petitioned for the dissolvent? Did you remarry? And was it to a girl from your home home country? Those are the key issues.

[nigel 7]

Civil annulments generally occur days after the marriage, like a couple getting drunk aboard a cruise ship or in Las Vegas.

Britney Spears comes to mind

[uhuru 0]

Beating around a dead horse in this thread, not even sure how you got that annulment. Was that done in the USA? But then divorce or annulments are a state issue, and we have 50 of those. Some religion institutions can annul an marriage, but not honored by any court of law. While marriage can be performed by anybody, divorce or annulment has to be done in a court of law to be considered legal. Civil annulments generally occur days after the marriage, like a couple getting drunk aboard a cruise ship or in Las Vegas.

But if you want to be less paranoid, what happened since your marriage was dissolved? Who petitioned for the dissolvent? Did you remarry? And was it to a girl from your home home country? Those are the key issues.

Here is a summary of the specifics--

a) Annulment was petitioned by my ex wife (and her lawyer). I did not have a lawyer. I read the petition and saw nothing wrong-- reason for annulment is "significant misunderstanding" i.e she wanted children, I wanted to wait.

b) Secondary reason was that she wanted to be free to marry in a Church.. in some cases divorced people cannot marry in a church..(this was not a legal issue but rather a religious issue-- it supported the request for annulment). We are both religious people so even me I think that annulment was the best option.

c) The last reason was that we didn't have shared property-- we rented a house.. we met in college, got married while we were still in college, stayed together in apartment, went to grad school, stayed together in apartment, etc and then 1 yr after grad school, things didn't work out and we terminated the marriage. However, the year we were to terminate the marriage my ex wife's grandfather passed away. He was a rich man so she inherited some money.. she felt that if we got divorced may be I could have a claim on some of her money (???). I didn't object to annulment in this case.

d) I have NOT re-married.. I am single. My ex-wife however is re-married with 3 children now. That's what she wanted: children.

PS: A good lawyer can get married annulled based on many different reasons including irreconcilable differences, significant misunderstanding, etc. The law is not black and white-- there are states with strict marriage laws and states with flexible marriage laws.

Thanks.

[NickD 202]

Here is a summary of the specifics--

a) Annulment was petitioned by my ex wife (and her lawyer). I did not have a lawyer. I read the petition and saw nothing wrong-- reason for annulment is "significant misunderstanding" i.e she wanted children, I wanted to wait.

b) Secondary reason was that she wanted to be free to marry in a Church.. in some cases divorced people cannot marry in a church..(this was not a legal issue but rather a religious issue-- it supported the request for annulment). We are both religious people so even me I think that annulment was the best option.

c) The last reason was that we didn't have shared property-- we rented a house.. we met in college, got married while we were still in college, stayed together in apartment, went to grad school, stayed together in apartment, etc and then 1 yr after grad school, things didn't work out and we terminated the marriage. However, the year we were to terminate the marriage my ex wife's grandfather passed away. He was a rich man so she inherited some money.. she felt that if we got divorced may be I could have a claim on some of her money (???). I didn't object to annulment in this case.

d) I have NOT re-married.. I am single. My ex-wife however is re-married with 3 children now. That's what she wanted: children.

PS: A good lawyer can get married annulled based on many different reasons including irreconcilable differences, significant misunderstanding, etc. The law is not black and white-- there are states with strict marriage laws and states with flexible marriage laws.

Thanks.

Part 8a on the N-400 you were married once, in regards to 8b type in N/A on all the blanks, you never remarried as with 8c, 8d, and 8e. Part 8f has to be filled out, 8f5 would be other, typed in Annulled plus all the other information required for your prior and only spouse.

Is asked, your spouse applied for the petition of annulment at the advice of her attorney, you just went along with it. Don't volunteer any information that can be misconstrued. Wonder if my stepdaughter did that, I wasn't there. 8g will be all N/A's as you do not have a current spouse.

I feel you will be okay.

But maybe it is good to be paranoid, was really confident my stepdaughter would pass her interview. Have no idea what she said and why she was to provide certified court documents for a battery charge when she was one year old and an assault charge when she was four years old. Did sent that letter to my attorney, waiting to find out what he has to say. My head is spinning.

[uhuru 0]

Part 8a on the N-400 you were married once, in regards to 8b type in N/A on all the blanks, you never remarried as with 8c, 8d, and 8e. Part 8f has to be filled out, 8f5 would be other, typed in Annulled plus all the other information required for your prior and only spouse.

Is asked, your spouse applied for the petition of annulment at the advice of her attorney, you just went along with it. Don't volunteer any information that can be misconstrued. Wonder if my stepdaughter did that, I wasn't there. 8g will be all N/A's as you do not have a current spouse.

I feel you will be okay.

But maybe it is good to be paranoid, was really confident my stepdaughter would pass her interview. Have no idea what she said and why she was to provide certified court documents for a battery charge when she was one year old and an assault charge when she was four years old. Did sent that letter to my attorney, waiting to find out what he has to say. My head is spinning.

Thanks for the info. I have filled the N-400 application form and ready to go. I called a few lawyers but as expected they want me to use them just to be safe. However, from what I am reading here it doesn't look like I need a lawyer. In this case what would the lawyer be doing for me? Just filling the N-400 form? I don't think they can speak for me during interview, can they?

Thank you.