Bronx, NY asked in Immigration Law for New Jersey

Q: Immigration annulment

I got married last October and the marriage sadly ended right away, I filed for a annulment about two months ago and let him know about it before filing. I got married to a man who was here on a 6 month visa by the time we got married it was expired, he got served last week and he called me today begging me to cancel the annulment because apparently he thinks Ice will go to his home or job to deport him and kept begging me to cancel it and stay married to him for another year til he figured things out, I don’t wanna Cancel it but I don’t want him deported either because I seeked a annulment/divorce, is it true that because I filed they will go to his adress and deport him? Ps never filed for him to get a green card

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2 Lawyer Answers
Kyndra Mulder
Kyndra Mulder
Answered
  • Immigration Law Lawyer
  • Jacksonville, FL

A: Your soon to be ex husband has no status in the country and can be removed at any time. However, he is very low on the priority list of those to remove unless he has committed a crime.

Secondly, you also need to be aware that marriage fraud is a federal felony. Your husband is asking you to stay married to him so that he can obtain an immigration benefit that he otherwise would not be entitled to. Fo you to remain in the marirage for the foregoing reason only would be mariage fraud on your part and his.

Hector E. Quiroga
Hector E. Quiroga
PREMIUM
Answered
  • Immigration Law Lawyer
  • Las Vegas, NV

A: It sounds like he is in the country without authorization, and simply ending the annulment will change that. He could be placed in removal proceedings, but ICE will likely not be notified of the annulment.

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