My friend (conditional permanent resident) was legally married to a girl (citizen). The girl's parents got the annulment of marriage from NY court. My friend is in chicago. He had replied to summons but the in laws didnt disclose it court. What should he do to vacate the decision? Will it affect his immigration status? Shouldnt court proceed for divorce if legal marriage was done (instead of annulment)? Please give yr legal advice. Thank you
2006-12-20 02:45:00 · 3 answers · asked by dolphin 1 in Politics & Government ➔ Immigration
Yes the marriage took place in India. The marriage was registered in court in India. The girl lived with the guy for 3 months in India. Then they applied for immigration to US embassy in India. He got spouse visa and came to US. Then he got conditional permanent residency. However before he came to US, girl's parents change their mind and also convinced the girl against the guy. And the girls parents never allowed him to meet the girl. Its been one year now since he came to US. He is a medical doctor and now passed all the board exams fo residency. Now he can not go back to India. He has been living with his aunt in Chicago since he came to US. The girl lives with her parents in NY. Now please advice. Thanks
2006-12-20 04:17:56 · update #1
The solution is simple. Get an immigration attorney. I know that costs money, but that is going to be the price of being able to stay in the USA. If the marriage was, indeed, annulled, he has big problems and should address them sooner rather than later.
2006-12-20 03:32:41 · answer #1 · answered by skip 6 · 1⤊ 0⤋
Annulment infers that the marriage was not consummated. Usually churches grant annulments (no marriage ever existed in the eye's of God) and the court grants divorce ( the contract is no longer in force in the eyes of the state), the marriage was legal but was dissolved, however in some state's there are exceptions, if the woman was mentally incapacitated or otherwise unable to understand the marriage contract, was coerced, under the influence of a substance etc., there must be more to the story ( or her parents have lots of money). If he replied to the summons the court should have gotten the reply, not her parents. If he sent the reply to the parents he legally didn't reply. They are not required to aid him in his defense. Does she live in N.Y. and he in Chicago? Doesn't sound like a marriage to me. As far as immigration status, he was never married.
2006-12-20 03:05:49 · answer #2 · answered by Mike M. 5 · 1⤊ 0⤋
If the marriage was annulled then he was never legally married in the US. He can be in serious trouble because it means he is here illegally
2006-12-20 04:35:16 · answer #3 · answered by d3midway semi-retired 7 · 1⤊ 0⤋