Need help!


#1

You may want to consult with an immigration attorney to find out if they can assist you in appealing this issue. If the annullment was done properly, there should be no reason that your marriage would not be valid.

If the marriage was not properly annulled and they were not divorced, it means that your marriage is void. You do not need to get divorced, you simply need to have a marriage ceremony.

If for some reason that I am unaware of, you actually need to have a divorce decree, there is no way to shorten the waiting period in this state, for any reason.

I wish you the best of luck.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#2
quote:
[i]Originally posted by Helena Nevicosi[/i] [br]You may want to consult with an immigration attorney to find out if they can assist you in appealing this issue. If the annullment was done properly, there should be no reason that your marriage would not be valid.

If the marriage was not properly annulled and they were not divorced, it means that your marriage is void. You do not need to get divorced, you simply need to have a marriage ceremony.

If for some reason that I am unaware of, you actually need to have a divorce decree, there is no way to shorten the waiting period in this state, for any reason.

I wish you the best of luck.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.



#3

Helena,
thank you very much for your kindness reply!!

i am still a little mess up.

my husband’s annullent was done in legal 10 years ago, he paid and sign all related papers in lawyer office, but this laywer was died many years ago and my husband said there was no ANNULLMENT PAPER issued before. and i don’t understand why his ex-wife filed dirvoce paper in another state could AGAINST his annulment? after they fifnished relationship, there is no way to no where she was and what she did.
the problem is our marriage is legal in NC, but was invalid in USCIS because the MESS UP of the date.
we are filing AOS( adjust of status) now, and we both truely love each other.

“if your marriage is void. You do not need to get divorced, you simply need to have a marriage ceremony”-----what this mean? ceremony can show a new marriage date?
could you please to spend some time to answer my question again?

bluer.

quote:
[i]Originally posted by Helena Nevicosi[/i] [br]You may want to consult with an immigration attorney to find out if they can assist you in appealing this issue. If the annullment was done properly, there should be no reason that your marriage would not be valid.

If the marriage was not properly annulled and they were not divorced, it means that your marriage is void. You do not need to get divorced, you simply need to have a marriage ceremony.

If for some reason that I am unaware of, you actually need to have a divorce decree, there is no way to shorten the waiting period in this state, for any reason.

I wish you the best of luck.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.



#4

I’m afraid I can’t explain it any clearer than I already have, it may be that I do not understand the question.

If you need to legally get divorced for some reason required by Immigration, you will need to separate with the intention to remain separate and apart permanently and remain separate for one year. Then you may file for divorce.

If the divorce is legal in North Carolina, I do not believe they will issue you a new marriage license.

I think that you may need to consult with an information, I believe you require information that is more specific to your immigration issues than what I am qualified to offer.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#5

Thank you!!! Helena.


#6

my case is kinda rare, make the long story shor.my husband filed a annullent paper 10 years ago for his first marriage, all had been done in legal way under law of NC. and they lost contact over 10 years already.
we got marriage 2 years ago, when we registed, the system shows my husband’s marriage status is “single”, so our marriage is legal too.
we filed immigration document after our marriage,USCIS fond his ex-wife filed a divorce paper in another state without notice him 10 years ago around, so the USCIS judged his first marriage didn’t terminate yet when we got marriage.
so things were complicated, my husband was asked to file divorce paper again to FINALLY terminate his first marriage; but this date is BEHIND than our marriage; and we got a letter from USCIS, and said our marriage was invalid because our marriage date is BEHIND of his terminal divorce.
my question is how we can get divorce ASAP? do we have to separate at least a year, then get a divorce paper? i know my case may have no precedent to go by, but it’s not really our fault. we want to get marriage again after divorce done, and make sure our marriage date is AFTER our divorce date. but we can’t wait for a year long to go through it.
it’s really hurt!! does anyone can answer my question?