Immigration to the United States, through the marriage of a United States Citizen is one of the fastest methods to adjust the status of an immigrant. Provided there are no grounds for inadmissibility, a couple can start the process right after their marriage takes place. As is the case with any newly married couple, the couple is granted a green card on a conditional basis meaning the couple will be required to file an I-751 two years after the green card is approved. The couple must file the I-751 jointly to remove the conditions, however, if there is good cause, the immigrant can self petition and will eventually have to explain the reason for the divorce.
The I-751 is generally accompanied by evidence that the marriage was entered in good faith. This evidence consists of joint bank account information, joint asset ownership documents, lease agreements and insurance information among other things. This seems to be a pretty straightforward process, however, if there is not enough evidence submitted to USCIS, they might schedule an interview to determine whether or not the couple is legitimately married, i.e., if there has been marriage fraud.
A couple married in 2004, adjusted husband’s status in 2005, filed to have his conditions removed in 2007 and because of various mistakes of previous counsel and a failure to change husband’s address in the system, they never received their interview date. The Law Offices of Maricela Amezola was retained to look into the status of their case and the reason for the delays. After extensive research, we found out that not only was Husband’s case closed because they did not show up to the interview, he was in fact in removal proceedings. After meeting several times with USCIS information officers, and supervisors, we reopen his case, terminated the immigration proceedings and obtain an interview date. Today, we are happy to report that we had their I-751 case approved. It took this couple three years to finally have his conditions removed from his green card.
The San Diego County couple was extremely happy, and the husband is looking forward to applying for naturalization as a United States citizen. If you are experiencing unreasonable delays with the processing of your case or you are in the process of filing an I-751, contact The Law Offices of Maricela Amezola to schedule a confidential consultation. Attorney Maricela Amezola will personally discuss your case with you and help you understand the options available to you.
Thursday, June 17, 2010
Annulment vs. Divorce
In California, a marriage may be legally dissolved, which means the parties return to their “single” status in three ways:
(1) By death of one of the parties
(2) A divorce judgment; or
(3) Nullity of the marriage.
Whether or not a marriage is “valid” for purposes of California law is question of degree. Dissolution of marriage and nullity of marriage are based on contradictory assumptions. For example, under Family Code §2310, a dissolution of marriage is a case brought in California court to dissolve a “valid” marriage. On the other hand, under Family code §2200, a marriage is nullified when it was “not valid” to begin with. This questions the essence of the marriage and asks whether or not such marital status was ever in existence.
An annulment may be granted only when a marriage is determined to be “void” or “voidable.” A void marriage is invalid from the beginning. There are two ways a marriage can be void: a bigamous (with some exceptions) or incestuous marriage. What this means is that the marriage never legally existed. Technically, if its void since the beginning, nothing more needs to be done to terminate the marriage; however, it is better to obtain a judgment of nullity in a void marriage because it provides a judicial ruling which becomes part of the public record and therefore eliminates any doubt about the party’s marital status.
A voidable marriage is valid until it is annulled. The marriage is invalidated only from the time it is declared by a court of competent jurisdiction. Essentially, this means that although is a “voidable” marriage, if the parties choose to cure the defect, the marriage can be determined to be valid. What makes a marriage “voidable?” The age of the person at the time of marriage, a previous marriage, unsound mind, fraud, force or incapacity.
With a nullity, there is no jurisdiction requirement to file for divorce and under California law, you do not have to wait the statutorily required six months before a divorce is granted. A judgment of nullity is said to “relate back” and erase the marriage and all its implications from the outset.
(1) By death of one of the parties
(2) A divorce judgment; or
(3) Nullity of the marriage.
Whether or not a marriage is “valid” for purposes of California law is question of degree. Dissolution of marriage and nullity of marriage are based on contradictory assumptions. For example, under Family Code §2310, a dissolution of marriage is a case brought in California court to dissolve a “valid” marriage. On the other hand, under Family code §2200, a marriage is nullified when it was “not valid” to begin with. This questions the essence of the marriage and asks whether or not such marital status was ever in existence.
An annulment may be granted only when a marriage is determined to be “void” or “voidable.” A void marriage is invalid from the beginning. There are two ways a marriage can be void: a bigamous (with some exceptions) or incestuous marriage. What this means is that the marriage never legally existed. Technically, if its void since the beginning, nothing more needs to be done to terminate the marriage; however, it is better to obtain a judgment of nullity in a void marriage because it provides a judicial ruling which becomes part of the public record and therefore eliminates any doubt about the party’s marital status.
A voidable marriage is valid until it is annulled. The marriage is invalidated only from the time it is declared by a court of competent jurisdiction. Essentially, this means that although is a “voidable” marriage, if the parties choose to cure the defect, the marriage can be determined to be valid. What makes a marriage “voidable?” The age of the person at the time of marriage, a previous marriage, unsound mind, fraud, force or incapacity.
With a nullity, there is no jurisdiction requirement to file for divorce and under California law, you do not have to wait the statutorily required six months before a divorce is granted. A judgment of nullity is said to “relate back” and erase the marriage and all its implications from the outset.
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