Annulment question

[abinc]

What is the name of your state?
California. This question is to help my eldest daughter. I know that getting a "no-fault" divorce is an option. Still, an annulment may be the best choice to help my daughter preserve her self-esteem. She is a dynamic young woman and doesn't need "baggage" of a failed marriage to encumber her later in life. Annulment grounds would be fraud. She can show that the reason her spouse married her was to obtain a green card. It has been 2-1/2 years since they were wed. If getting an annulment would result in her spouse reverting to illegal alien status (that part is complicated and not entirely his fault--in fact, he may already have a green card), then she would seek another option: either wait until he has his green card in hand or go for a divorce. Question then is "If she proceeds with annulment, will spouse face deportation or could he have the green card revoked?"

-- abinc

[Ohiogal]

Originally Posted by abinc

What is the name of your state?
California. This question is to help my eldest daughter. I know that getting a "no-fault" divorce is an option. Still, an annulment may be the best choice to help my daughter preserve her self-esteem. She is a dynamic young woman and doesn't need "baggage" of a failed marriage to encumber her later in life. Annulment grounds would be fraud. She can show that the reason her spouse married her was to obtain a green card. It has been 2-1/2 years since they were wed. If getting an annulment would result in her spouse reverting to illegal alien status (that part is complicated and not entirely his fault--in fact, he may already have a green card), then she would seek another option: either wait until he has his green card in hand or go for a divorce. Question then is "If she proceeds with annulment, will spouse face deportation or could he have the green card revoked?"

-- abinc

How does she prove that the reason her spouse married her was just to obtain a green card and that she knew nothing about his reason? If she knew anything about his reason then she is just as guilty as he in defrauding the federal government. If she didn't know and can't prove it then she cannot prove fraud and hence would not get an annulment. Tell her to get a divorce. She chose to marry him. She chose this situation. now she can live with the idea of having been divorced.

[SHORTY LONG]

And did he enter the United States legally?

[abinc]

Originally Posted by Ohiogal

How does she prove that the reason her spouse married her was just to obtain a green card and that she knew nothing about his reason? If she knew anything about his reason then she is just as guilty as he in defrauding the federal government. If she didn't know and can't prove it then she cannot prove fraud and hence would not get an annulment. Tell her to get a divorce. She chose to marry him. She chose this situation. now she can live with the idea of having been divorced.

Good answer. I'll give a couple more details. He was a minor when brought to the US by his parents. They applied for permanent resident status but US law was silent about minors who reached majority while parental applications were pending. Hence his parents had status, but he did not. Immigration officials told him -- and her -- that he needed to marry to remain in this country. Well and good, if it is a business arrangement, but in our society, "love" is supposed to be the main reason for matrimony. My daughter truly loved the guy and she believed that he loved her. That was the basis for the marriage. She understood that she was "doing the right thing" by him and that he valued her. Since then, she has become disillusioned by his actions. They do not live together anymore so it is questionable if his motives were ever anything but getting residency status.

Now, on the basis of the foregoing, is divorce still the only option?

--abinc

[SHORTY LONG]

Curious, how long have they been married? Did your daughter file the form
to adjust his status?

[CJane]

Originally Posted by abinc

Immigration officials told him -- and her -- that he needed to marry to remain in this country.

Was she aware that he'd been told that?

Well and good, if it is a business arrangement, but in our society, "love" is supposed to be the main reason for matrimony.

Perhaps in our romantic selves, yes. But LEGALLY marriage IS a business contract, and it's best to always remember that.

My daughter truly loved the guy and she believed that he loved her. That was the basis for the marriage.

Perhaps, on her end. Perhaps, even on his at first. But if she knew that he ALSO 'needed' to get married in order to remain in the country than no fraud occurred.

She understood that she was "doing the right thing" by him

By marrying him so he could remain in the country?

and that he valued her.

Just because he doesn't 'value her' NOW doesn't mean he didn't THEN.

Since then, she has become disillusioned by his actions.

That's sort of an occupational hazard of marriage.

Now, on the basis of the foregoing, is divorce still the only option?

Attempting to salvage the relationship is always an option.

[abinc]

Originally Posted by SHORTY LONG

And did he enter the United States legally?

Yes. With father on H-1B visa. Arrived at age 15. He "aged-out" at 18. Was left in a legal limbo because of the US immigration laws. If deported, he would have been subject to arrest in home country on grounds of avoiding military service.

--abinc

[abinc]

Originally Posted by SHORTY LONG

Curious, how long have they been married? Did your daughter file the form
to adjust his status?

Married 2-1/2 years. He applied for permanent residency immediately thereafter.

[abinc]

Originally Posted by CJane

Was she aware that he'd been told that?



Perhaps in our romantic selves, yes. But LEGALLY marriage IS a business contract, and it's best to always remember that.



Perhaps, on her end. Perhaps, even on his at first. But if she knew that he ALSO 'needed' to get married in order to remain in the country than no fraud occurred.



By marrying him so he could remain in the country?



Just because he doesn't 'value her' NOW doesn't mean he didn't THEN.



That's sort of an occupational hazard of marriage.



Attempting to salvage the relationship is always an option.

I understand your points. Perhaps I am making a distinction where none exists: I am considering "fraud" as misrepresenting his reason for entering marriage. If he needed her to remain in the US, but loved her and THAT was the basis for marriage, it is one thing. But if his prime motivation for marriage was to remain in the country and love was a secondary issue, then he lied. In the first case, I would say "It's just one of those things." If the second, then his lie was a fraud but even then, not necessarily the "legal kind." In other words, it may be a deception, but does not meet the legal definition of fraud. Is that what you are hinting at?

-- abinc

[CJane]

Originally Posted by abinc

In other words, it may be a deception, but does not meet the legal definition of fraud. Is that what you are hinting at?

-- abinc

Yes.

AND if she had ANY HINT that he needed to get married to avoid deportation, and married him anyway, it's not even deception any more than it's deception for a man to marry a woman primarily because she's pregnant and he thinks he's 'doing the right thing'.

See what I mean?

[abinc]

Originally Posted by CJane

Yes.

AND if she had ANY HINT that he needed to get married to avoid deportation, and married him anyway, it's not even deception any more than it's deception for a man to marry a woman primarily because she's pregnant and he thinks he's 'doing the right thing'.

See what I mean?

OK -- I understand what you all have been saying. I know what has to be done (no-fault divorce) and will take appropriate steps. Thanks.

-- abinc

[Ohiogal]

Originally Posted by abinc

Good answer. I'll give a couple more details. He was a minor when brought to the US by his parents. They applied for permanent resident status but US law was silent about minors who reached majority while parental applications were pending. Hence his parents had status, but he did not. Immigration officials told him -- and her -- that he needed to marry to remain in this country. Well and good, if it is a business arrangement, but in our society, "love" is supposed to be the main reason for matrimony. My daughter truly loved the guy and she believed that he loved her. That was the basis for the marriage. She understood that she was "doing the right thing" by him and that he valued her. Since then, she has become disillusioned by his actions. They do not live together anymore so it is questionable if his motives were ever anything but getting residency status.

Now, on the basis of the foregoing, is divorce still the only option?

--abinc

That is not fraud. It is a misconception that "love" is the reason for marriage. It is a romantic reason for marriage but not the ONLY reason for marriage in this country. It is a mistake she made because she "has become disillusioned by his actions". That does NOT mean fraud. That means mistake. Two very different things. She cannot prove that he purposely entered this marriage ONLY to secure residency. She cannot prove that he did anything based on your words. Divorce is her option.