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separation during pending permanent residency

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  • #31
    thanks summer and sphyracus

    thank you so much for taking time out to reply. i sincerely appreciate you taking your time for me. i'm so relieved that there is a way to actually finish my degree! i graduate next may (hopefully) and then the afterwards, i will leave it up to God. if god willing (inshallah) then i will stay on, if not, i will happily (and voluntarily) leave. i don't want any broken bones!



    • #32
      Great faith, never give it up and lots lots of luck and blessings


      • #33
        Hi everyone... so far no news from the INS. Just waiting. My receipt date on I-485 form was 12-22-03.. I checked Baltimore MD I-485 time it was 01-14-04... don't know if this would mean my application would be closer or not.

        I do not have any more suicidal thoughts as before. I just feel sorry for her now. I have been going to church to find spiritual guidance. All I want is to concentrate on my school work.

        If you have anything to share please feel free. I'd love any kind of feed backs. Thanks.


        • #34
          keep the faith. Try to stir your mind towards your hobbies or something that you really like to do. get away for the weekend. this situation is difficult and sometimes getting away helps a lot. you will be waiting for sometime and the best way to handle is do what you can do and think about something else. I know, it takes over your life. keep your goals in mind. You are here to study and if you start failing tests you are distancing yourself from your goals. i am sorry please keep believing.


          • #35
            What are her GROUNDS for anullment?
            Formerly Josephine Schmo


            • #36
              Her grounds for annulment? Her lawyer did not state that. However, all this came about from the problem between my mother and her. My mother did not register our marriage back in the country of our origin (we got married here in the US) and I am not even a national of that country! My mother-in-law is putting pressure on her that if the marriage was not "recognized" by my mother, then it is not recognized here in the US. I tried to mediate between the two sides and believe me I really tried. I sensed that no matter what I did, I felt that my mother-in-law was going to dictate what my wife should do or say. She was totally brain-washed.


              • #37
                If she is basing her anullment on fraud, you could go to jail for many years.
                Formerly Josephine Schmo


                • #38
                  You can't just annull a marriage because you feel like it. Generally annullments have to be done within a short time period after the wedding.
                  If you have a legal U.S. marriage certificate and if you, er, consumated the marriage, neither one of you was incapacitated at the time, she really has no basis for an annullment. It's ridiculous.


                  • #39
                    This situation won't pass the 'smell test' for an annulment so that would be remote at best (but you just never know...)

                    However, the courts do issue annulments in cases where no fraud occurred and the marraiage has been consumated (for several years). Sometimes the intent of the people involved to not want to have children (when there is a disagreement about that) is considered as cause as well (I know that first hand so people can agrue that situation all they want) - but it is not relevant to this posting...

                    Jo - Civil family court verdicts do not result in criminal verdicts/punishments. If a prosecuter wants to run with other facts to pursue criminal charges in a criminal court that would be different. But this REALLY does not even come close to the burden of proof... Besides, annulment does not have to include fraud at all.

                    Just my two cents...



                    • #40
                      Funny thing is that her lawyer threatened to sue for annulment... then in the same letter, he argued that we should respond to their "Seaparation Agreement"... I thought those two were mutually exclusive. Either you get a divorce after 1 year of separation (voluntary) or go for annulment... but not BOTH? Anyway, we have so far replied to their separation agreement. We're waiting for their next move...


                      • #41
                        She can file multiple actions. A person can file for both divorce and annulment at the same time. They would then argue the annulment case and if that failed they would argue the divorce case all in front of the same judge while he is hearing the petitions.

                        You need to fight the annulment (and appeal it if you loose).



                        • #42
                          It is called a 'Complaint for Annulment and in the Alternative Divorce'.

                          They would layout their case for annulment, then they lay out a 'Second Count' where they lay out the case for divorce. The judge would then consider the first count and then if necessary she would consider the second count.

                          I'll put away this ridiculuos paperwork again. Just looking at it makes me shake my head!



                          • #43
                            Elaborate wedding means nothing.

                            If she is successful with anullment for fraud, she can forward info to immigration.
                            Formerly Josephine Schmo


                            • #44
                              Of course, we'll see about that.


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