married for less then 5 years and we got separated due various reason and know she wants to divorce me by asking for annulment, base on ; that i entered the marriage on fraud practice and i am biggest liar in this world i filled for divorce first because she does not want to work or support the financially .i got citizenship base on marriage.i do have divorce lawyer but he dos not know any immigration law.kindly advise.thanks
An annulment is like the marriage never happened, whereas a divorce recognizes the marriage but is a legal separation as a result of some reason. It is possible that an annulment can cause you problems, however after 5 years it is difficult to obtain an annulment in many states since it becomes more difficult to prove as time goes on. You should hire an immigration lawyer to review your case and speak with your divorce lawyer to determine what kind of problems you may encounter.
Highly unlikely that USCIS will initiate "denaturalization" process against you based on the facts you cite. They hear complaints, divorces, requests for annulments, and etc. from spurned ex-spouses day in and day out. Normally do not attach any importance to those, and especially not when someone is already a US citizen. Put your mind at ease. Nothing of the sort will happen. Also, not that it matters any now, but "annulment", as opposed to divorce is extremely hard to obtain from a judge that needs to be convinced there was "fraud" at inception (those family court judges are no fools..), with divorce lawyers, which are already not "cheap" charging thousands of dollars extra to file for "annulment" rather than simply for divorce. I don't think your ex, who must be bluffing (as 99% of them do) will be willing to spend some $$$'s extra, with only a scant chance of success..
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 23 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
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