Marriage is built on trust, love, and shared goals for the future. But what happens when those foundations crumble, and you find out that your spouse may have married you just to get a green card? This is a situation that leaves many asking, “Can I annul my marriage?”

At Reeves Lavallee PC, we understand how overwhelming this question can be. While the idea of an annulment may seem like an easy fix, the process isn’t as simple as you might think. Let’s break it down and give you some guidance on what steps to take next.

What Exactly is a Green Card?

A green card, also known as a permanent resident card, allows immigrants to live and work in the United States permanently. In some cases, marriages between U.S. citizens and foreign nationals lead to the foreign spouse applying for a green card. Unfortunately, some people misuse this pathway and enter a marriage solely for immigration purposes, leaving the citizen spouse feeling betrayed.

What is an Annulment?

An annulment is a legal declaration that a marriage never existed in the first place. This can be appealing if you feel like your marriage was based on fraud. However, in Massachusetts, an annulment isn’t always easier than getting a divorce. In fact, an annulment can take just as long as a divorce, can cost you more and if you lose you need to file for divorce and go through that process anyways.   

Divorce vs. Annulment: What’s the Difference?

In Massachusetts, a divorce can be obtained relatively easily under no-fault divorce laws. This means that if one person says the marriage is irretrievably broken, the courts will grant the divorce. Annulments, on the other hand, require specific grounds, and these grounds can be challenged by the other spouse.

For example, imagine you’re married and realize your spouse had no intention of building a life with you—they only wanted a green card. This might seem like grounds for an annulment based on fraud, but it’s not that simple. Fraud must go to the essence of the marriage, such as lying about the intent to live together, have children, or have a physical relationship. Simply concealing the desire for a green card may not be enough.

Grounds for Annulment: Fraud and Misrepresentation

One of the most common reasons people seek an annulment is fraud. However, not all fraud is equal in the eyes of the law. To qualify for an annulment in Massachusetts, the fraud must affect the very foundation of the marriage. Here’s an example:

• Example: If your spouse told you they wanted children and then revealed after marriage that they had no intention of ever becoming a parent, that could be considered fraud.

On the other hand, if your spouse didn’t openly tell you they were marrying you for a green card, this may not be enough for an annulment. Fraudulent concealment—failing to disclose something—only counts if it touches the core of the marriage and if you were unable to disclose their fraud prior to marriage after an investigation. This means that failing to mention their immigration motives alone likely won’t qualify. However, if there are additional factors—like an immediate separation after obtaining a green card—you may have a stronger case.

Fraudulent concealment in Massachusetts refers to the deliberate act of hiding or withholding material information that a party is legally obligated to disclose, which affects the decision-making process of the other party. In the context of family law, particularly annulments, fraudulent concealment means that one spouse intentionally failed to disclose information that goes to the essence of the marriage—such as their true intentions regarding cohabitation, having children, or engaging in a physical relationship.

When is Divorce the Better Option?

If you believe your spouse married you for a green card, pursuing a divorce may be more practical than seeking an annulment. Here’s why:

• No-fault divorce is available in Massachusetts, meaning you can file for divorce without proving wrongdoing.
• Annulments are more difficult to obtain and can still lead to other litigation like property division and child custody determinations.
• A divorce provides a clearer, faster path to ending the marriage and moving on with your life.

Real-Life Example: Green Card Marriages and Divorce

Consider the story of one of our clients who discovered their spouse had obtained a green card and quickly lost interest in the relationship. After a brief period of living together, they separated, leaving our client confused and heartbroken. Rather than pursuing an annulment, our client opted for a straightforward divorce, which allowed them to move forward without the complex legal hurdles of proving fraud in an annulment case.

Why Speak to a Family Law Attorney?

If you believe your marriage was fraudulent, it’s crucial to consult an experienced family law attorney. Annulments require strong evidence, and the legal process can be long and challenging. A knowledgeable attorney can help you determine whether divorce or annulment is the best course of action based on the specifics of your situation.

At Reeves Lavallee PC, we’re here to help you navigate these difficult decisions. We’ve helped clients through complex family law cases, ensuring that they understand their rights and options.

Contact Reeves Lavallee PC Today

If you’re considering an annulment or divorce due to a green card-related marriage, contact us today to explore your legal options. Our team is ready to support you every step of the way.