Spouse Filed For Annulment Of Our Marriage Due To Fraud, Can I Still Apply Or Renew Green Card?
An Annulment of your marriage will definitely complicate your situation depending on how far along you are with the immigration paperwork.
If you have married a U.S. citizen or permanent resident, and applied for U.S. lawful permanent residence (a green card) on that basis, an annulment is likely to either complicate or cancel your application to adjust your status.
If You Arrived On A K-1 Visa And Have Not Filed For Adjustment Of Status
An annulment completely makes that marriage void and you have no rights to live in the U.S., much less to apply for a green card on the basis of that marriage.
Therefore, submitting AOS application on the basis of an annulled marriage will likely be denied.
The result of this process will be an interview, at which time you’ll be expected to prove that the marriage is ongoing and your U.S. spouse continues to sponsor you financially.
If You Currently Have A 2 Year Conditional Green Card
Unless you had already been married for two years or more when you applied for a green card, you will have received conditional residence status (which is a conditional green card that expires in two years).
If you do have a conditional green card, it’s possible to get approved for a permanent (10 year) green card even after an annulment.
However, you will need to request a waiver of the usual need that you and your U.S. spouse jointly file the petition asking to convert from conditional to permanent residence (Form I-751).
How To File A Waiver With The Removal Of Conditions Application After Annulment
To request this waiver, you’ll need to prove that the marriage was bona fide to begin with, but
was terminated through annulment (or divorce).
- joint tax transcripts
- joint residence (rental agreement, mortgage docs)
- joint bills from the last two years
- joint bank accounts
- copy of annulment certificate
Thankfully, you don’t need to prove that you had a good marriage. You can even use letters from a marriage counselors or friends and family to prove the marriage was real — marriage issues are struggles that many couples go through.
If the annulment hasn’t yet been finalized by the time you need to file Form I-751 (which is due within the 90 days before the expiration of your conditional green card), this can cause some issues.
The most important thing is to get the Form I-751 to the USCIS on time, even if you don’t have the annulment certificate yet.
Can I File For VAWA If My Marriage Was Annulled Due To Immigration Fraud?
VAWA stands for “violence against women act” and it is intended to protect a battered spouse, child or parent.
The VAWA provisions allow certain spouses, children, and parents of U.S. citizens and certain spouses and children of permanent residents (green card holders) to file a petition for themselves, without the abuser’s knowledge.
The problem with filing for VAWA after your marriage has been annulled is that you no longer have a basis to be able to file. Your marriage is considered null and void as if it had never happened.
Unfortunately, an annulment cancels all eligibility for relief under VAWA.
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