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How can I obtain a green card after I came to the US on a K1 visa and then after marriage my husband completed an annulment?

San Francisco, CA |

I came from the Philippines. We were married within the 90 days of the K1 visa. The marriage was annuled after 7 months. The annulment occured about 6 months ago. The biometric interview schedule packet was mailed to my ex husband but he never sent it to me, therefore, immigration denied my papers.

Attorney Answers 3


  1. We've helped K-1s who were abused self-petition to obtain their green cards. You should have a private consulation with an attorney who handles these types of cases.

    Madrid Crost Law Group - (888) 466-4478; e-mail: mc@madridcrost.com; skype: usvisalaw 10 S. La Salle Street, Suite 3320, Chicago, IL 60603 Please consult with a licensed immigration professional to provide you with a thorough legal advice. This response is not a substitute for specific legal advice and it should not be construed to create an attorney-client relationship. Please help stop notario fraud. Please visit and share this site: www.stopnotariofraud.org.


  2. You cannot get a green card based on the annulled marriage. However, as you completed the requirements under the K-1, you will be able to pursue adjustment through other means.

    The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.


  3. As a K-1 entrant you cannot adjust status to permanent residence except via the U.S. citizen who petitioned you (with a few rare exceptions such as the adjustment authority for U nonimmigrants and certain other humanitarian categories). It is possible you could still adjust status based on the annulled marriage, provided you can prove the marriage was in good faith and not solely for immigration purposes (immigration can be a consideration--how else would two people live together in the U.S.?--but it can't be the sole reason). Since there was an annulment after a relatively short period of marriage and it doesn't sound like your former spouse will cooperate, I expect you will have to expend quite a bit of effort to convince the immigration service it was a bona fide marriage. If abuse was involved, you should absolutely speak with an attorney. ("Abuse" is not just physical, you can also qualify for certain protections where there is severe mental and emotional cruelty.) If there was abuse, try scheduling a consultation at Bay Area Legal Aid or the Immigrant Center for Women in Children. Both are in San Francisco.

    Whatever attorney you consult, let him/her know you think you may be eligible to adjust status under the BIA's reasoning in Matter of Alfred Kebbie SESAY, even though that case doesn't specifically address annulments. It's a fairly recent case and not every attorney may be familiar with it. Good luck.

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