What is a green card holder’s status after an annulment?

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What is a green card holder’s status after an annulment?

I have been married for almost 3 years to my husband. However after he received his unconditional permanent residence card he stopped all sexual relations with me; I have found female hormone pills come in the mail for him and I found him looking up breast and butt implants on the internet. I am in now convinced that he only married me for the green card and that he waited until the conditional period was over before showing his true colors. I want to get an annulment but if I succeed in this will he loose his permanent residency card as well considering that the marriage “never existed”?

Asked on October 3, 2011 under Immigration Law, Utah

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am not sure that you can get a marriage annulled based on your set of facts but assuming you could, there might be some implications for your husband's green card status.  However, now that he has an unconditional green card, he is able to divorce you and still keep the green card if he wanted to, as long as he could prove that the marriage was bona fide at the time it was entered into and through its termination.  Unfortunately, marriages do fall apart even when there are no immigration issues to consider.  YOur set of facts presents a situation that is probably fairly common even without the immigration issues.  Unless you can somehow prove that your husband only married you for the green card, you might have a difficult time proving that it should be annulled.


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