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Annulment and immigration

Silver Spring, MD |

My wife just got our 8 mnth old marriage annuled based on the fact that i didnt want to have children with her. To my surprise when i got a letter from the court the marriage was annulled based on the following...

This is what it states in the letter i got from the court....

" A marriage may only be annulled for fraud if the fraud relates to a matter which the state deems vital to the marriage relation..... According to some authority, to justify annulment based on the basis of fraud in the procurement, misrepresentations claimed by the party seeking an annulment must be related to sexual obligations of the marriage, that is, the ability or willingness to have sexual relations and the ability to bear children."

It further states.............

In this case, the refusal of Husband to have children negates one of the vital and fundamental underpinnings of marriage.

She didnt file or petitioned for me in any way whatsoever . My question is..
1 Will this have any negative impact on my future immigration filings, if i were to remarry and my spouse petitions for me?
2 What other impact may this have in future?
3 Does this mean marriage fraud, i need an interpretation

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Attorney answers 2


No. It is not marriage fraud andot should not have any effect. However, it is a little strange and you may have explain this in the future. I am jumping to the conclusion that it was not a fraud marriage and that you do have an explanation to give.



I am confused here, you mentioned it is not fraud marriage and i HAVE or DO NOT have an explanation to give?

Deborah Lynne Karapetian

Deborah Lynne Karapetian


Just by the nature of the annulment judgment does not make it a fraudulent marriage. I thought that was your question.

Deborah Lynne Karapetian

Deborah Lynne Karapetian


If it was a fraud marriage you could have problems. If it was not, then you should brok with a good explanation of why you did not want. Children with your wife.


You should retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise you, and handle the case.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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