I would like to file for an annulment from my husband who lied about overstaying his I-94 before we were married. He is in deportation proceedings with his next hearing scheduled for March 2010. Should I/Can I file for an annulment (in Georgia) before his deportation hearing? Can I do that without a copy of his I-94? I don’t have any of his records other than his Social Security Number and our marriage license.
Family Law Attorney
You can certainly file for an annulment, with or without your Husband's I-94. You may want to discuss the advantages and disadvantages of filing an annulment vs. filing a regular divorce action with a local attorney. There are some attorneys who practice in Fulton County who offer free consultations.
Some questions that an attorney would want answered include:
How long have the two of you been married? Did the two of you acquire lots of assets or debts together? Do you have any children together?
If you feel that your Husband fraudulently entered into a marriage with you simply to acquire a VISA, then you may qualify for an annulment. However, for practical purposes, you may be able to achieve the same result through an uncontested divorce which will be simpler (and likely cheaper) to file.
I suggest that you schedule an appointment for an initial consultation with an attorney who practices in the Atlanta area.
Fraud is a grounds for annulment, and may be available to you in this case, so long as you have not had children in the marriage. So long as you have been a resident of Georgia for 6 months, you can file for annulment at any time.
Whether or not you can (or should) file for annulment is a question dependent on the particular facts of your circumstance. It is a decision you should make in consultation with a lawyer who represents you.