Annulment of marriage after having employment based GC for 1 year

[divakar]

Hi
I have been married to my spouse for the past 3 years. I was in 485 stage when we got married. I got green card a year ago through employment. After receiving the card, I started having marital issues because of which I may have to file for divorce.
Is it possible to file for annulment of marriage now ie. get my spouse's green card cancelled on grounds of fraud. I know that is a possibility for a citizen marrying a non US citizen but am not sure if it is possible for people who were married before they got green card.

 

[TheRealCanadian]

Is it possible to file for annulment of marriage now ie. get my spouse's green card cancelled on grounds of fraud. I know that is a possibility for a citizen marrying a non US citizen but am not sure if it is possible for people who were married before they got green card.

What fraud do you wish to claim occurred?

Be aware that if you make a false claim in an affadavit, that is perjury and a crime of moral turpitude (as well as a felony). In such a case, you get deported and your wife stays.

You should not be vindictive.

 

[harvydonald]

3 years is too long of a time to get annulment....no court will grant you annulment...you have to go for a traditional divorce....

The only fraud you can claim...if your spouse withheld information about a previous marriage or a child from you...

I think you need to give up spite...live and let live...

 

[GotPR?]

Off topic question.
How is annulment and divorce different ? Is is just procedural difference or some difference in effect afterward ?

 

[TheRealCanadian]

How is annulment and divorce different ? Is is just procedural difference or some difference in effect afterward ?

An annulment means that legally, the marriage never existed. Generally speaking, they are only granted based on fraud, inability to consent (one or both parties was intoxicated) or inability to consumate the marriage.