wisygreen

Looking on advice regarding the order of things given the following scenario (written on by my daughter):


Background history:
(This is hard to write)
UK citizen moved to California at age 9 as E2 dependant in 2000.
Arrested 2011 for possession of marijuana - case dismissed
Arrested 2011 for second degree commercial burglary - case dismissed
Arrested and convicted January 2012 for possession of drug paraphernalia section 11364a. Received 2 year probation and $530.00 fine (paid).
February 12 2012 Married boyfriend
February 13 2012 flew to England on prebooked trip
March 2012 was denied entry to US at Dublin airport and visa cancelled
February 2013 I-130 petition filed
July 2014 application for I-130 withdrawn

Present:
In full time employment since May 2011. In present job for 2 years. Leased previous property for 2 years, current lease for a year. In a relationship. Husbands whereabouts unknown, last heard in jail for selling drugs and possessing firearms but his family do not have a current address for him.

Advice requested:
Would like to take boyfriend to visit parents in California and realise will need a Nonimmigrant Visa Waiver of Ineligibility. Need to get marriage annulled which requires getting documents from County Hall and try to track down "husband". Would the marriage affect my chances of getting a visa? It would be easier to get the necessary paperwork for annulment in person so would rather get the visa first. Trying so hard to overcome my past - is there anything else I should consider?

scrubbedexpat099

What would be the basis for an annulment?, a divorce can be done in the UK. Probably needs to be published.

wisygreen

An annulment because the marriage was a Nevada spur of the moment when under the influence embarrassing, foolish mistake and I left the country the next day and have not seen him since. Do you think it would make a difference getting a visa if it was a divorce instead?

Nutmegger

What do you mean by “written on by my daughter “? Is this request for advice not coming from the owner of the account? Are you the parent who brought her to the US?

scrubbedexpat099

Nor sure if it is material.

You marriage may be voidable, you should obvious seek legal advice.

wisygreen

Yes, I am her Mother. The advice on this forum has been very helpful and I have been following for many years. We appreciate time and a reformed life are important and Em can demonstrate this but she has the added factor of the marriage. We are looking for opinions if enough time has passed, if it would be advisable to have the annulment first and I guess now, if it would be better to get a divorce.

scrubbedexpat099

She can certainly apply, the divorce thingy she can sort out in the UK.

Dorothy

I'm not sure why she needs to be divorced if she's only visiting.

shiversaint

A marriage, divorce or annulment isn't a factor for this waiver. Proceed as normal in my view, and don't worry about it.

wisygreen

Thanks for your input one and all. I will let you know what transpires.