Marrige Annullled
- Thread starter peed
- Start date
brb2 said:
You are absolutely right.
I've assumed that the OP was posting a honest question about "background check"
If his/her concern was of a different nature I was expecting a straight question like:
"Is USCIS going to find out that my marriage based GC is invalid because the marriage was annulled?"
JohnnyCash
Volunteer Moderator
First of all, USCIS does check the validity of documents, like checking up on divorce if it is really real/valid/entered by a court (regardless of where the court is located).
It doesn’t matter to USCIS if someone’s marriage gotten annulled, however, if the marriage (a specific one) which was the basis for an alien to have obtained a LPR has ever gotten annulled then alien’s LPR would definitely be revoked and s/he would be placed on a deportation proceeding.
Annulment means- there was NEVER a valid marriage (a legal one). Thus, annulment nullifies the marriage as if it has never occurred. That means, any benefit obtained as a result of that annulled marriage would automatically be forfeited (including immigration benefit).
There is not a single case so far wherein USCIS has not revoked an alien’s LPR if his/her marriage has gotten annulled. So, it is VERY important not to let your marriage (specific one) be annulled. And if it has already been annulled then alien should appeal to higher courts to change the ruling of lower court on annulled marriage. Annulled marriage would definitely be an end to an alien’s LPR, of course only if USCIS would find out about it somehow.
However, USCIS has eased off their position on annulled marriage lately. Now, they are letting aliens to keep their LPR despite of their marriages to have annulled so long their marriages were not annulled because of immigration fraud. Marrying to obtain immigration benefit is also a ground to annul a marriage. So, this is good news. That's why USCIS asks to explain WHY marriage got annulled if someone's marriage has been annulled. Yet still it is my suggestion to act based upon your own guts.
On one of the immigration websites, a guy from Canada who obtained his LPR by marrying to a US citizen described his ordeal. He said that he had a good relationship with his US citizen-wife until his wife started insisting on having a family with him. He did not want to have a baby anymore because he already has a son from his prior marriage and he also had his personal reason too for not to have a baby with her. Wife got so desperate to get pregnant especially when her biological clock was running so close to be timed-out. Thus, she had no other option than to make a desperate move on her own. She silently and quietly got pregnant by artificial semination by someone else.
He did not know about all this until she was pregnant for 2-3 months. Obviously, he burst out. Wife told him the truth on how she got pregnant. He realized that her soon-to be child would be end up having his last name and he also suspected that he might be ended up legally taking care of the her child too. So, he immediately filed for a divorce despite of having pending I-751with USCIS to remove his conditional immigration status. That I-751 was filed jointly. In a jointly filed I-751, alien must need to prove that both parties are STILL happily married and would remain to be married. He filed for divorce to protect himself from legal obligations that he might have been bounded him for many years if baby would have born because he was still married to his wife at that time.
Wife counterclaimed on the divorce complaint and asked for an annulment in lieu of divorce on the ground that her husband did not tell her prior to their marriage that he had no plan to have a family with her, which is a valid and solid ground to annul a marriage. So obviously, Judge annulled their marriage as it is a material concealment to the marriage. Their marriage got annulled while his I-751 was processing. He constantly prayed for full one and half year to get approval on his pending I-751 without an interview. Finally his prayers got heard and he was accorded a full LPR without an interview. I guess wife was a nice woman as she never informed to USCIS about their annulled marriage.
Now he knows well that if he would ever file any application with USCIS, either for US citizenship for himself or an application for a green card for his future wife if he will marry to a foreigner, then USCIS would come to know about his annulled marriage. USCIS would also know about all this if his ex-wife would ever marry to a foreigner and will try to adjust his status then obviously his status would be revoked and he would be placed on a deportation proceeding along with his teenage son who also got his paper based upon that marriage.
He is worried that he would be deported because of his marriage got annulled but this not all; rather he would be deported because he misrepresented himself on I-751. He should have immediately informed to USCIS in writing about the termination of his marriage with his wife regardless it ended up in annullment or divorce which he never did. Thus, USCIS had no way to know about the termination of his marriage, which made them to have approved his I-751 that was filed jointly. This is called- a misrepresentation and an immigration fraud because he had obligation to tell this material fact voluntarily to USCIS prior to the adjudication of his pending I-751. This kind of information is a material fact which must need to mention to the govt.
Hope it helps.
It doesn’t matter to USCIS if someone’s marriage gotten annulled, however, if the marriage (a specific one) which was the basis for an alien to have obtained a LPR has ever gotten annulled then alien’s LPR would definitely be revoked and s/he would be placed on a deportation proceeding.
Annulment means- there was NEVER a valid marriage (a legal one). Thus, annulment nullifies the marriage as if it has never occurred. That means, any benefit obtained as a result of that annulled marriage would automatically be forfeited (including immigration benefit).
There is not a single case so far wherein USCIS has not revoked an alien’s LPR if his/her marriage has gotten annulled. So, it is VERY important not to let your marriage (specific one) be annulled. And if it has already been annulled then alien should appeal to higher courts to change the ruling of lower court on annulled marriage. Annulled marriage would definitely be an end to an alien’s LPR, of course only if USCIS would find out about it somehow.
However, USCIS has eased off their position on annulled marriage lately. Now, they are letting aliens to keep their LPR despite of their marriages to have annulled so long their marriages were not annulled because of immigration fraud. Marrying to obtain immigration benefit is also a ground to annul a marriage. So, this is good news. That's why USCIS asks to explain WHY marriage got annulled if someone's marriage has been annulled. Yet still it is my suggestion to act based upon your own guts.
On one of the immigration websites, a guy from Canada who obtained his LPR by marrying to a US citizen described his ordeal. He said that he had a good relationship with his US citizen-wife until his wife started insisting on having a family with him. He did not want to have a baby anymore because he already has a son from his prior marriage and he also had his personal reason too for not to have a baby with her. Wife got so desperate to get pregnant especially when her biological clock was running so close to be timed-out. Thus, she had no other option than to make a desperate move on her own. She silently and quietly got pregnant by artificial semination by someone else.
He did not know about all this until she was pregnant for 2-3 months. Obviously, he burst out. Wife told him the truth on how she got pregnant. He realized that her soon-to be child would be end up having his last name and he also suspected that he might be ended up legally taking care of the her child too. So, he immediately filed for a divorce despite of having pending I-751with USCIS to remove his conditional immigration status. That I-751 was filed jointly. In a jointly filed I-751, alien must need to prove that both parties are STILL happily married and would remain to be married. He filed for divorce to protect himself from legal obligations that he might have been bounded him for many years if baby would have born because he was still married to his wife at that time.
Wife counterclaimed on the divorce complaint and asked for an annulment in lieu of divorce on the ground that her husband did not tell her prior to their marriage that he had no plan to have a family with her, which is a valid and solid ground to annul a marriage. So obviously, Judge annulled their marriage as it is a material concealment to the marriage. Their marriage got annulled while his I-751 was processing. He constantly prayed for full one and half year to get approval on his pending I-751 without an interview. Finally his prayers got heard and he was accorded a full LPR without an interview. I guess wife was a nice woman as she never informed to USCIS about their annulled marriage.
Now he knows well that if he would ever file any application with USCIS, either for US citizenship for himself or an application for a green card for his future wife if he will marry to a foreigner, then USCIS would come to know about his annulled marriage. USCIS would also know about all this if his ex-wife would ever marry to a foreigner and will try to adjust his status then obviously his status would be revoked and he would be placed on a deportation proceeding along with his teenage son who also got his paper based upon that marriage.
He is worried that he would be deported because of his marriage got annulled but this not all; rather he would be deported because he misrepresented himself on I-751. He should have immediately informed to USCIS in writing about the termination of his marriage with his wife regardless it ended up in annullment or divorce which he never did. Thus, USCIS had no way to know about the termination of his marriage, which made them to have approved his I-751 that was filed jointly. This is called- a misrepresentation and an immigration fraud because he had obligation to tell this material fact voluntarily to USCIS prior to the adjudication of his pending I-751. This kind of information is a material fact which must need to mention to the govt.
Hope it helps.
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