Plainfield, NJ asked in Divorce and Immigration Law for New Jersey

Q: I married an illegal immigrant (crossed border) and filed an 1-130, is it too late to file for an annulment?

I have been married for a year and some change now and have not consummated my marriage. I already filed an 1-130, but do not want to continue the process. Is there anyway that I could get an annulment? Will i still be financially responsible if I get a divorce instead of an annulment?

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2 Lawyer Answers
Bari Weinberger
Bari Weinberger
PREMIUM
Answered
  • Parsippany, NJ
  • Licensed in New Jersey

A: Thank you for your question. I'm sorry that your marriage is ending. There is no time limit wherein an annulment must be filed. You can file for an annulment at any time during the marriage. As such, you are free to certainly do so if the relevant factors are present. Fraud is one such factor. With regard to your concern as to finances, the fact that you have only been married one year would likely result in you having few if any financial responsibilities towards your ex-spouse whether you procure an annulment or a divorce. In order to more fully explore your situation, and so that you may more fully understand your rights and obligations, I strongly advise that you schedule a consultation with a family law attorney.

Brian Winters agrees with this answer

Brian Winters
Brian Winters
Answered
  • Bradley Beach, NJ
  • Licensed in New Jersey

A: It’s not too late for annulment. There’s no statute of limitations or the like

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