annulment question

T

tacticalreaper

New Member
My friend was married to a us citizen in India and after marriage she came back to USA and long story short he immigrated to USA after 4 years of marriage but when he got there things did not work out between them and they separated and later the marriage was dissolved with annulment but my friend already got his permanent resident card, so there are two questions is he eligible to apply for citizenship? and second what happens if he remarries a US citizen? Thank you so much in advance.
 
As the person in question is no longer married to the spouse whom the green card was applied upon, then they are not eligible to apply for citizenship until 5 years (less 90 days) after the date of the green card issuance (it would have been 3 years less 90 days had they still been married).

As this person already has a green card, then marrying another person will provide no additional immigration benefit, so as long as they a divorce certificate in hand, and the state allows it (some states require that you wait x amount of days/months after a divorce before you can remarry), then they are free to marry.
 
I appreciate your prompt reply but looks like i was not able to get my question across clearly
Marrige was annuled so the grounds for obtaining a citizenship dont exist anymore as far as my understanding annulment means the marriage never existed to begin with and my second question depends on the first if he is not eligible for citizenship, what happens if he remarries a us citizen , will he be able to apply for a citizen ship or he has to give up his current GC and has to be responsered to USA.
 
was it a divorce or an annulment? An annulment means that there was never a legal marriage and thus all the benefits obtained from that marriage are invalid including your friends green card.
 
He still has his green card though, so the next question is will he be able to re-marry a us citizen and be able to apply for citizen ship on the same gc or have to start the whole immigration process from scratch.
 
tacticalreaper said:
My friend was married to a us citizen in India and after marriage she came back to USA and [...] he immigrated to USA after 4 years of marriage but when he got there things did not work out between them and [...] the marriage was dissolved with annulment...
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To any immigrations officer this will read like the couple never really lived together as man and wife and the marriage was only in place to facilitate getting a green card. While everything may have been 100% above board and based on serious intent, the case will appear to have ""FRAUD" written all over it.
He should consult with an experienced immigration attorney before doing anything else.

Wd
 
As someone said, if they eneded up in annulment, there has never been a marriage and I don't think GC is valid.
 
GotPR? said:
As someone said, if they eneded up in annulment, there has never been a marriage and I don't think GC is valid.
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I'd love to see some precedent from USCIS or BIA on what to do in these situations, both in the case of marriage-based GCs as well as situations where an FB2 applicant marries and then gets an annulment.
 
TheRealCanadian said:
I'd love to see some precedent from USCIS or BIA on what to do in these situations, both in the case of marriage-based GCs as well as situations where an FB2 applicant marries and then gets an annulment.
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Not actually the precedent from officials, though.

http://www.foxnews.com/story/0,2933,314980,00.html

. Here, the decision of an annulment rather than a divorce makes a huge difference to Jiri because now, he could likely lose his conditional, permanent resident status under U.S. immigration laws and be deported back to the Czech Republic.
 
Thanks for the link. I think Jiri's problem is that the annulment in his case is a court finding that the marriage was not bona fide; USCIS doesn't need to do anything further to yank the conditional Green Card; the legitimacy of the marriage does not need to be questioned. It has been proven illegitimate.

It'd be interesting to see what would happen in the case where the marriage is over 2 years old and there's no conditional GC involved.
 
I think your friends best shot is to wait for 5 years and then file N400 or marry another USC and start over because if USCIS finds out his marriage was annulled they might yank his GC.
 
AzBlk said:
I think your friends best shot is to wait for 5 years and then file N400 or marry another USC and start over because if USCIS finds out his marriage was annulled they might yank his GC.
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When he file N400, you have to fill out your background and marriage information. If USCIS learned that the marriage never exist, they will yank his GC as well.
 
tacticalreaper said:
so the safest bet for him is not to apply for n400 and just renew his green card after 10 years or marry USC ?
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renewing his GC after 10 years still may trigger the USCIS to look over your case becasue your marraige never exisit and it was the original condition that you obtained your GC. Correct me if I am wrong.
 
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