Marital Status for AOS application

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Iluvus

Registered Users (C)
If you were married before and your marriage was annulled, are you considered single for the purposes of AOS application? In other words, when filling out the 1-485 form, could you put "single" as your marial status?

In a situation where you have to remain unmarried to be a derivitive, does annullment rule you out from being unmarried?

Also, if you are asked in the interview if you've ever been married, how do you respond? Would you need to take your annulment decree with you to the interview just in case and would they ask for it?


Thanks,
 
in my own opinion i think, once you have been married before, you are always gonna be considered married, so anwering yes, if asked if you have ever been married is the correct thing to do. then, they may ask how the marriage ended, then you show them that it was annulled. i hope this helps
 
Iluvus said:
If you were married before and your marriage was annulled, are you considered single for the purposes of AOS application? In other words, when filling out the 1-485 form, could you put "single" as your marial status?
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Legally speaking, an annulment means the marriage never took place, so one could legitimately consider oneself single, in my non-legal opinion.

Also, if you are asked in the interview if you've ever been married, how do you respond? Would you need to take your annulment decree with you to the interview just in case and would they ask for it?
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I would answer truthfully, that I was married but the marriage was later annulled and for legal purposes, never existed.
 
who filed a petition for you, Iluvus? if it's an LPR parent, then if you got married before they became USC, your petition would be void.
 
Thank you all.

LucyMo - This is a situation of being a derivitive under your parent's petition: A situation of the child being over 21 and unmarried to be able to qualify under the petition.

TheRealCanadian - Yeah I see your point.
 
Yeah. And just out of curiosity, when immigration laws talks about being unmarried for the purposes of being a derivitive for filing for AOS, do they necessarily mean being single? or never been married? I mean, if you were divorced at the time of filing for example, I guess you would be unmarried at that point... or what do you all think?
 
Iluvus said:
Yeah. And just out of curiosity, when immigration laws talks about being unmarried for the purposes of being a derivitive for filing for AOS, do they necessarily mean being single? or never been married? I mean, if you were divorced at the time of filing for example, I guess you would be unmarried at that point... or what do you all think?
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I think that once you are married, the petition is void. And a new petition must be filed if you "become unmarried". That is my guess. :rolleyes:
 
but if she is a derivative (no separate petition), and the marriage is annuled. I think she is eligible.
 
Just my own personal opinion, I think as long as you have no current marriage going on in your life, you are single and eligible. Just stay single for now while the petition is underway, but if you are asked if you've ever been married before you say yes, but it was annulled and bring the annullment papers.
 
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