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Will my application for US citizenship be denied/affected because I got married here in US before my final annulment came out?

San Diego, CA |

I became a US immigrant through my job in 2008.This yr I can apply for my citizenship but then I am really worried that I might be denied because of what I have over looked with my previous marriage back in my native country.My final annulment papers came out in june 2010,but was filled in 2008, then I got married here in sept 2009 and legally changed my last name to my husbands last name in 2011.the reason why i over look this was cuz i believed my x-husband that it was all set and i dont have to file divorce from here cuz according to him it was finish already in june 2009,but i never really asked for a copy,only to find out that it wasnt yet.after i got married here.i need advice on what to do and if i need a lawyer to file my citizenship.thanks!

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Attorney answers 5


Stop posting. Consult privately with a capable immigration attorney in California.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


Yes, that would be a bigamous marriage and would affect your ability to establish good moral character.

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.


Yes, you need a lawyer.

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


You can apply for citizenship based on your five years as a permanent resident. The marriage issue should be discussed with a family law and immigration attorney in California. The marriage in the US may not be legal - depends on the effective date of the annulment and once it has been approved whether it voids the prior marriage completely.

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.


While ignorance of the law is no defense, I see these issues frequently due to a person not knowing the consequences of marriage, divorce, separation, annulments, etc. However, the consequences can be quite drastic and severe. These are very serious issues and it is imperative that you consult with an immigration attorney immediately not only regarding your ability to apply for citizenship but but also to avoid possible loss of residency in deportation proceedings.

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