Green Card and Marriage Annulment

I

inxs007

Registered Users (C)
Hi Guys,
Please excuse me if you find my posting inappropriate for this discussion board.

I got married 9 months back in india and me & my wife got a GC thru me at the time of marraige at an indian consulate. (This is a "follow" to join spouse petetion made by me at the same time as my consular processing for Green Card). Howvever she did not like to stay in US and left back to india within 1 month of arrival. Now she is not interested in living with me and is living with her parents in india. It is appearing like she was forced into this marriage, though she will not admit. Despite my best efforts she is not responding and has made it clear to me that she is not intrested in continuing a relationship. She is about 20+ and beahves like a kid. Her parents are stuck in a limbo and are not acting or responding to anything I say, just evading me for past 8 months. Also our marraige is not consumated. I am realizing that this marraige was a mistake and I would like to quitely end this marraige. Can the marriage be annulled and what is the process ? Does the annulment affect my GC status.
Thanks in advance.
 
INXS

You should be fine......i know of an exactly similar case of a friend....though i do not know weather it was annulment or not, but the divorce process was quite simple and fast and he did not have to pay any alimony etc. either.....

Your divorce does no have any impact on your GC process whatsoevr.

Best.
 
ykv, INXS - Can u pls help me out

and guide on some link or info about divorce proceedings. Me and my spouse have decided on getting divorced but I read on some web site that if the grounds for divorce is \'irreconciliable difference\', it take around 6 months to get a divorce. We\'d prefer getting a divorce ASAP and als o if you can give an idea of the cost involved.
we are both in US, so i believe, we need to file for divorce in US itself. Thanks a lot...
 
No Title

If a marriage is annulled insead of divorced, then does it
mean that in the eyes of law, any party involved is treated
as "never married"? then would any benefits or obligation
association with that marriage also be considered nonexistent
by law? So how come it does not affect GC if GC is aquired thru
marriage?
 
The wife got the GC on husbands petition

So his GC status is not dependent on "benefits or obligation association with that marriage". She could lose her GC if the law is interpreted how you have indicated.
 
No Title

But it should affect the wife\'s GC if she got the GC hru marriage.
A marriage that is annulled is considered by law to be invalid from the beginning. In otherwords the marriaage never existed then how
come one could get a GC thru a marriage that never happened?

There were times that an "ex-wife" could not even get alimony from her "ex-husband" but that has changed a little bit
because it was too harsh. But don\'t know if any court rulings exist about the green card obtained thru a marriage
that is annulled.
 
No Title

Of course his wife said she did not want to live in the USA anyway
so that she would not mind losing the GC. But I wants to know that
if he needs to amend his application because in retrospect his
statement abut his own marital status would not be truthful.

I read that there are two kinds of marriage that can be annulled:
void and voidable. A void marriage is void and invalid in the first
place so that it is not appropriate to claim be to married
from the beginning.
 
Depends on the parties

> There were times that an "ex-wife" could not even get alimony from her "ex-husband" but that has changed a little bit because it was too harsh.

Depends on how the lawyers settle it out for the parties involved. People who want to call it quits without much hassles avoid complications like alimony etc.

> But don\'t know if any court rulings exist about the green card obtained thru a marriage that is annulled.

Highly unlikely because even after the marriage GCs have conditionalities to be removed at a later date. GC after or in process of annulment does not stand a chance.
 
Ammended application should be opted

> But I wants to know that if he needs to amend his application because in retrospect his statement abut his own marital status would not be truthful.

Yes the husband better think of ammeding the Consular processing application because it can cause problems if he marries later and thinks of sponsoring another spouse.
 
No Title

The conditional GC only aaplies to a citizen petitioning for his/her spouse. But if when a primary applicant got an employment based GC,
his/her spouse can also get a GC thru marriage as a derivative
applicant. Such a GC is not conditional and divorce has no effect
on the GC. But I don\'t know what if teh couple choose annulment
instead of divorce. Divorce does not mean marriage was invalid.
But Annulment means the marriage never took place in the eyes of
laws.
 
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