Causes for Annulment in California

An annulment means that a marriage is cancelled. Annulment ends the marriage and it is the same as if the parties were never married. The couple returns to the status of “unmarried” persons. After the annulment, they are not considered “divorced”, but just “unmarried”.
 
In an annulment, the court determines that a marriage is not legally valid. There are seven conditions that allow annulment, though only one or two are applicable to Vietnamese residents of the US.
 
Marriages that are incestuous (married to sibling) or bigamous (one party already married to another spouse) are never valid. Others can be declared "void" or "voidable" because:
 
· of force, fraud, or physical or mental incapacity
· one of the spouses was legally too young to marry
· one of the spouses was already married but did not know that the
 previous spouse was still living
 
Fraud is the main reason why Vietnamese residents of the US would consider annulment. “Fraud” in this case means that the spouse from Vietnam entered into the marriage only for the purpose of getting a Green Card, and not with the intent to take part in a bona fide marriage. In some cases, the alien spouse abandons the home after receiving the Green Card. In other cases, the actions of the alien spouse make it clear that he or she had no intention of entering into a genuine marital relationship.
 
A request for annulment on the basis of Fraud must be supported by hard evidence, not just the words of the petitioner. For example, in one case the petitioner was able to provide the court with emails in which the foreign spouse stated clearly that the marriage was only for immigration purposes. This was not known to the petitioner at the time of the marriage, so it is a clear indication of Fraud.
 
Often, when the court enters a judgment of Fraud, spousal support is cancelled for both parties. However, there is still the matter of the Affidavit of Support to be considered.
 
The State of California advises that this is a complex area of law, and you should get competent professional help if you are thinking about an annulment.
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Q.1. If the court approves an annulment and spousal support is terminated for both parties, what about the sponsor’s I-864 Affidavit of Support?
 
A.1. In both divorce and annulment situations, the I-864 Affidavit of Support continues in force, for a period of ten years, or until the foreign spouse becomes an American citizen.
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Q.2. In cases of Fraud, is there a time limit for asking for an annulment?
 
A.2. In marriage fraud cases, the annulment must be requested within four years after the discovery of the facts constituting the fraud. (This might be more than 4 years after the date of the marriage.)
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Q.3. If a marriage is annulled because of fraud, will the guilty party be able to get a permanent Green Card or be approved for naturalization?
 
A.3. CIS will deny the applications of someone guilty of marriage fraud.
 
 
ROBERT MULLINS INTERNATIONAL www.rmiodp.com
Immigration Support Services-Tham Van Di Tru

9070 Bolsa Avenue, Westminster CA 92683 (714) 890-9933 
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