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  • Divorce versus Dissolution versus Annulment

    Members here have been very helpful in helping me and my friend learn about the immigration processes. So, thank you all who helped.

    As I had mentioned before, my friend is planning to file for a divorce from her husband who just got his 10-yr green card. They are splitting up mutually. She just learned that there are 3 ways to end a marriage - divorce, dissolution, and annulment. Which one should she go for without affecting his status. Also, which one usually takes the least time. (Ohio)

    Thank you,

    JJ

  • #2
    Members here have been very helpful in helping me and my friend learn about the immigration processes. So, thank you all who helped.

    As I had mentioned before, my friend is planning to file for a divorce from her husband who just got his 10-yr green card. They are splitting up mutually. She just learned that there are 3 ways to end a marriage - divorce, dissolution, and annulment. Which one should she go for without affecting his status. Also, which one usually takes the least time. (Ohio)

    Thank you,

    JJ

    Comment


    • #3
      Annulment can affect his status, since an annulment means that the marriage never existed, then if it never existed he was never entitled to immigration benefits based on that marriage.

      Comment


      • #4
        Divorce and annulment are dissolution. The choice is either a divorce (terminating) or an annulment (voiding). The latter is more difficult.
        The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

        Comment


        • #5
          I believe that after 10 years, the condition has been removed and that a divorce [dissolution] will not affect his status anymore.
          If the condition has not been removed then you have to both file I-751 and wait before you file the FL-100 divorce form.
          After that, his status will only be affected by criminal activities, starting from DUIs...

          Comment


          • #6
            There are no conditions; he has a 10-yr card. Annulment would void his status. Divorce will have no impact on immigration status other than to change eligibility from 3 yrs to 5yrs for Naturalization.
            The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

            Comment


            • #7
              Thank you everyone for your input. So, she should go for a divorce or dissolution but certainly not annulment.

              Right?

              Also, will INS question him and/or her why they got divorced right after he got his green card?

              JJ

              Comment


              • #8
                USCIS would not question her at all after the divorce, because she is no longer involved in the immigration process (nor is he, really unless he wants to become a citizen). The only exception to this would be if USCIS conducted some sort of fraud investigation and then they would consult one or both parties, most likely. If she is filing for divorce, he has little control over when the marriage ends, and since he has the 10 year card there would be little reason for inquiry, unless there were specific grounds she would use for wanting a divorce that would indicate marriage solely for immigration benefit and USCIS were amde aware of that. Many marriages end for reasons of simple incompatibility.
                The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

                Comment


                • #9
                  What is FL-100 divorce form?

                  Comment


                  • #10
                    Disregard popp's reference to an FL-100. It looks like is is a California divorce form. Each state has its own divorce procedures.
                    The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

                    Comment


                    • #11
                      Thank you Sappyconifer for your help. So, she should either file for dissolution, which is when both parties agree to terminate the marriage and no one is at fault, or file for divorce based upon incompatibility. She lives in Ohio.

                      Thanks a bunch!

                      JJ

                      Comment


                      • #12
                        My friends get divorced online, in a year after her husband got Green card. I am not sure if divorce affected his status, but as far as I know he keeps living in the USA and hasn't stopped working legally since they've got divorced. Consult the service, they might come in hand.

                        Comment

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