Annulment of marriage with foreign spouse

[thetalldoctor]

New York state:
My husband and I got married August 2017 in City Hall. We are long distance and he is in Costa Rica. We did this in order to start the Spouse Visa process. We recently decided to break up, meaning we have to figure out the divorce/annulment. I am trying to avoid the divorce process, but if I do end up having to go through that, it would be an uncontested divorce. A large reason we had to break up is because of his severe depression. I am wondering if that would pass for impaired mental capacity. He was suffering from this before we met, 2 years ago, and it ended up being the cause of our separation. Any advice on this would be great. I'm pretty young and inexperienced so I could use all the advice/help I can get.

 

[Zigner]

New York state:
My husband and I got married August 2017 in City Hall. We are long distance and he is in Costa Rica. We did this in order to start the Spouse Visa process. We recently decided to break up, meaning we have to figure out the divorce/annulment. I am trying to avoid the divorce process, but if I do end up having to go through that, it would be an uncontested divorce. A large reason we had to break up is because of his severe depression. I am wondering if that would pass for impaired mental capacity. He was suffering from this before we met, 2 years ago, and it ended up being the cause of our separation. Any advice on this would be great. I'm pretty young and unexperienced so I could use all the advice/help I can get.

Nope - you're going to need to get a divorce.

 

[not2cleverRed]

Just file for a no fault divorce and hope that he doesn't contest it.

By the way, how far along were you in the process of sponsoring him for a greencard? Have you signed the I-864? Do you realize what the potential consequences of that are?

 

[thetalldoctor]

Just file for a no fault divorce and hope that he doesn't contest it.

By the way, how far along were you in the process of sponsoring him for a greencard? Have you signed the I-864? Do you realize what the potential consequences of that are?

Hi, yes, I was planning on doing the uncontested divorce if an annulment didn't work. And no, we hadn't started the process yet. He was finishing up school.

 

[not2cleverRed]

Hi, yes, I was planning on doing the uncontested divorce if an annulment didn't work. And no, we hadn't started the process yet. He was finishing up school.

Thank goodness.

 

[HRZ]

Your post reads to me like a scam to bring in a non Citizen and now you regret it....you may have been played...but that is not a free get out of marriage card . And quite frankly I doubt he was more impaired than you were .

As a technical aside ..look up the level of mental competency required to form a valid marriage contract in NY ...I suspect it is but two notches above a mushroom .

divorce is an option.

I'd be real careful about " depression" if you mean as in unemployable ..why..the rules and public policy are designed to inhibit divorce as a means of shifting him to the public dole until he recovers ...you might get to pay for him unitl his condition is abated ..

Use divorce counsel this time !