Can I obtain an annulment if my spouse married me in order to get a green card?

UPDATED: Jul 1, 2011

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Can I obtain an annulment if my spouse married me in order to get a green card?

I am a disabled Viet Nam vet who married a woman 4 years ago. She is 27 years younger than me. We completed a pre-nuptial agreement before marriage, for which she had legal representation. In the pre-nup, we agreed that if marriage ended neither party would be entitled to any pre-existing assets or alimony. We separated after 10 months. If I have reason to believe that she married me for the green card rather than loving me.

Asked on July 1, 2011 under Family Law, Massachusetts


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am so sorry for your situation.  In Massacheusetts  you are entitled to file for an annulment of your marriage under limited circumstances.  Not all marriages qualify for an annulment. In Massachusetts, annulment is appropriate for "voidable" marriages. Some examples of voidable marriages are where a spouse is underage or where there is a close blood relationship between the parties (such as brother-sister), a spouse who is insane at the time of marriage; a spouse who is impotent at the time of marriage.  But here is also a ground that may apply here: a marriage where one spouse induces the other to enter the marriage by perpetuating a fraud that goes to the essence of marriage.  I would speak with a divorce lawyer on the matter as soon as you can.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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