Legal Question in Immigration Law in California

Hello! My name is Tatyana, I'm immigrant from Ukraine. I've married a guy not long ago, but he turned out to be a drug addict. Right now I'm dating another person, whom I love and who cares about me- but I still need to get a divorce from my husband. The question is- what is better to get - annulment or divorce- in prospect that later I'll aply for the green card with the new husband? I mean, both annulment and divorce will be on the "record", but which is "better" in my case? (I've been married to the guy for 8 moths, but lived with him only for 2 months)

Thank you!


Asked on 6/04/10, 4:21 pm

1 Answer from Attorneys

Luba Smal Smal Immigration Law Office

It's not possible to advise here on a public forum which one of two is better or possible personally for you. Oftentimes, annulment can be 'better'. However, you have to have grounds for annulment, etc. Therefore, as a starting point, it's advisable to consult with a divorce lawyer licensed in your State.

Did you apply for adjustment of status based on your first marriage?

Did you file any other applications with the USCIS?

What is your current non-immigrant status in USA?

P.S. I am an immigration attorney and speak fluent Russian. I work with clients from all States.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. For more information or to schedule a consultation, please visit http://www.law-visa-usa.com/contact_us.html

I offer confidential telephone or email legal consultations and assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally. If you�d like to schedule a telephone or email legal consultation, need legal advice or help, please let me know and I�d be glad to help you. Please email at Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com .

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Answered on 6/04/10, 7:45 pm


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