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Applying for Adjustment of Status

Applying for Adjustment of Status

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Old Nov 3rd 2002, 6:26 am
  #1  
Mani
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Default Applying for Adjustment of Status

I am planning to file for Adjustment of Status thru marriage to a US
citizen.
My wife was previously married for a brief period of time and her
marriage was annuled instead of regualr divorce.

On the I-130 "PETITION FOR ALIEN RELATIVE" and G325a "BIOGRAPHIC
INFORMATION", should reflect the annuled marriage, even though,
according to the court records the marriage never existed, because it
was annuled.

Thank you
 
Old Nov 3rd 2002, 5:25 pm
  #2  
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Joined: Sep 2002
Posts: 16,266
Folinskyinla is an unknown quantity at this point
Default Re: Applying for Adjustment of Status

Originally posted by Mani
I am planning to file for Adjustment of Status thru marriage to a US
citizen.
My wife was previously married for a brief period of time and her
marriage was annuled instead of regualr divorce.

On the I-130 "PETITION FOR ALIEN RELATIVE" and G325a "BIOGRAPHIC
INFORMATION", should reflect the annuled marriage, even though,
according to the court records the marriage never existed, because it
was annuled.

Thank you
Hi:

YES!! Disclose it. It is no harm to do so. There is a Board of Immigration Appeals case entitled "Matter of Astorga" on the "relation-back" of annullments. If her CURRENT marriage to you was AFTER the nullity decree, then the judgment of nullity simply shows that she was not married to someone else when she married you.

Where it gets tricky is if the nullity decree was entered AFTER she married you. However, what you might want to do in such case is to get married again in order to present a clean record.
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