austriacus
Registered Users (C)
If the previous marriage gets annulled rather than having a divorce, does it make a difference? Would he technically be considered as having been married in this case when he applied for AOS?
Please... help me...
- Thread starter In_love358
- Start date
PraetorianXI
Banned
I'd think it does not matter, because at the time of the interview he was married and he misrepresented himself (lied) in order to order to obtain his GC.
TheRealCanadian
Volunteer Moderator
It might make for an interesting question, but there's no way this marriage is getting annulled if it no longer exists.
austriacus
Registered Users (C)
TheRealCanadian, do you know this for a fact that annulment after divorce is not possible? I know it's a long shot but may make a big difference in this case. I understand no marriage exists now, but a divorce means it has existed but ended, an annulment means it has never existed.
PraetorianXI
Banned
How can something that ceased to exist, never exist in the first place? if it in fact had to exist first for either the ceasing or never existence acts could come to exist themselves? 
austriacus
Registered Users (C)
Praetorian, if the marriage was fraudulent, let's say someone marries someone that's still married to someone else, the annulment makes it retroactively never existent. I imagine it could have implications such as property laws, what will later be considered joint and individual property. But I have to agree with you at the time of filing the husband would have had to answer he was married, you can't go into the future and know the marriage will be annulled. Otherwise there would be a good loophole for the "unmarried sons and daughters" that they can get married, annul their marriage at some point and get married again after the GC. I agree sounds unlikely to be accepted by USCIS, I just tried to be creative!
Overall I agree with the earlier comment that this couple is better off trying to find a place outside the US to live.
Overall I agree with the earlier comment that this couple is better off trying to find a place outside the US to live.
Last edited by a moderator:
TheRealCanadian
Volunteer Moderator
I don't think it's legally impossible, but from a practical standpoint it's going to be impossible to do, since there is a child and the parties then got divorced so even then they both agreed there was a legal and valid marriage.
The OP's husband's problem isn't the fact that he was married, it's that he lied about it in order to get an immigration benefit and the annulment will not undo the statements he made under oath to the consul. I doubt either DOS or USCIS will consider the annulment to retroactively turn a lie into the truth.
In_love358
Registered Users (C)
No... Nobody knows. So there are 2 ways how to act:
1.He's going to re-new his green card. If everything'll go smuthly, he can think about applying for the citizenship. Some of the atterneys say as in a previous post
So as far as i understood they really can't find out if he was married or not 16 years ago. Unless the divorse happened in 2000, so there is a record. But who'll gonna doublecheak it? From my prospective if he get's his re-newed green card, nobody will assume that something can be illigaly.
2. I know this option is easier, but i don't want even think about it... This option is don't try anything and just leave the country...
PraetorianXI
Banned
I think you should stick to this... or if he plans otherwise, you should not be associated with this person.
The other option is illegal, fraud, and punishable by law. He will have to lie again, and be interviewed again under oath and will lie again?
"What goes around comes around" and this will come back one day to hunt him... his GC revoked and thrown in prison for life!
TheRealCanadian
Volunteer Moderator
The problem your husband (and then by extension, you) have is that in order to become a citizen, he'll need to lie through his teeth in Section 8 of the N-400. If he puts down single, never married, then if USCIS ever finds out that he was married (even if for a single day once in Vegas) then his citizenship can be revoked. If USCIS finds out that he was married when he got his GC, then the GC and citizenship is denied.
His bigger problem is that since he's committed fraud in order to obtain an immigration benefit, he'll get hit with a non-waiverable, permanent bar on ever entering the US once he gets deported.
Where it can be a problem for you is that since your permanent residency would be based on his GC or naturalization (which he never was eligible for) USCIS may determine that you no longer qualify and deport you. I'm not sure what the precedents in law are for a spouse being sponsored by someone who never qualified for residency and only obtained it via fraud.
PraetorianXI is going over the top, there are no life sentences for immigration fraud. But there are serious consequences. There are broader issues for yourself; your spouse has demonstrated that he can and will lie (and quite convincingly, it seems) in order to get something. I hope he never does that to you.
"What goes around comes around" and this will come back one day to hunt him... his GC revoked and thrown in prison for life!
GC revoked,yeah.Thrown in prison for life
come on now lets be realistic.Thrown in prison for a year,not likely.Deported and banned for life,without a doubt.Al Southner
Registered Users (C)
GC revoked,yeah.Thrown in prison for life
Pville,
My card came yesterday.. too. Congratulations...
I agree with your point, the OP cannot be thrown in jail for life... Prae has too much milk with his cereal...
Thank you,thats excellent,i'm glad we didn't have to wait till dec like your io predicted.Congratulations to you.
Lol,yeah to much whole milk.
PraetorianXI
Banned
lol. I just got back from Grocery shopping and forgot the milk! 
anyways... I was just over-reacting. Congratulations on getting the GC guys! 
anyways... I was just over-reacting. Congratulations on getting the GC guys!