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  #1  
Old 05-13-2005, 12:52 PM
Junior Member
 
Join Date: May 2005
Posts: 1
Question

out


What is the name of your state?
Colorado

My husband is not a U.S. citizen, but has his conditional residency through his marriage to me. We have been married a year and a half, and separated for 6 months. We were in love once, but have always had great difficulty finding a compromise between our cultural differences. I know there is no hope of reconciliation, for my own health and sanity, but he is unwilling to let me go.

In December, he will be able to apply for his permanent residency (we'll have been married 2 years). He will not agree to sign for a no-contest divorce until he has that residency. Is it worthwhile to wait for that? I know that divorce proceedings can take years, but I want to get on with my life, so I want to know the fastest, most painless route.

What would be the time difference between filing a no-contest divorce together (next year) vs. filing now without his signing?

What are the circumstances that would constitute grounds for annullment? What is the time frame for that, typically?

Stuck,
C
  #2  
Old 05-13-2005, 01:27 PM
Senior Member
 
Join Date: May 2004
Posts: 41,303
Quote:
Originally Posted by clowie
What is the name of your state?
Colorado

My husband is not a U.S. citizen, but has his conditional residency through his marriage to me. We have been married a year and a half, and separated for 6 months. We were in love once, but have always had great difficulty finding a compromise between our cultural differences. I know there is no hope of reconciliation, for my own health and sanity, but he is unwilling to let me go.

In December, he will be able to apply for his permanent residency (we'll have been married 2 years). He will not agree to sign for a no-contest divorce until he has that residency. Is it worthwhile to wait for that? I know that divorce proceedings can take years, but I want to get on with my life, so I want to know the fastest, most painless route.

What would be the time difference between filing a no-contest divorce together (next year) vs. filing now without his signing?

What are the circumstances that would constitute grounds for annullment? What is the time frame for that, typically?

Stuck,
C
If you file for divorce now, he will lose his residency in the United State and will have to return to his home country. So its natural that he doesn't want this to happen.

However, if you participate in his application for permanent residency, then you will be perpetuating a fraud on the imigration department....since you intend to divorce him.

I can't see any reason why you would qualify for an annulment..but in any case they are generally more expensive and time consuming than a divorce.
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