Annulment-Immigration Fraud and K1 Visa What to do? By Santo Artusa on April 26, 2020

For all of you that have watched 90-day fiance and those, you may have not but know what it is like to, unfortunately, enter into a marriage that, unbeknownst to you, was a fraud or fraudulent marriage. Many people come to America by way of K-1 Visas. We help clients obtain K-1 visas but in some cases where a person feels that the marriage was fake, that person can bring an annulment action against the fraudulent, ill-intended spouse. As annulment and divorce lawyers in New Jersey, we are experienced in filing and completing annulment cases in every County in the State of New Jersey. 

I think my marriage was/is a fraud, but can I really win the annulment? 

It depends. It really depends on the facts of your case. Was the marriage consummated? Did your spouse leave out material facts that had you known of these facts, you would not have married your spouse?  Did your spouse commit acts of extreme cruelty? There are many factors and we can help you determine if it is better to file for an annulment or file for divorce under extreme cruelty? Both of these actions can have serious consequences on the spouse that is here because of your marriage. 

What if my spouse does not agree on the annulment? 

You essentially have the right to a divorce in the United States but in order to get an annulment, you really need to prove your case for a family court judge to decide you "qualify" for an annulment. Frankly, it is not easy. While it is not easy, that is why many people have hired us to represent them in annulment cases, cases of extreme cruelty and K-1 visas. So while your spouse may not agree to a divorce or annulment, you still have a chance to obtain an annulment whether your spouse signs or not. With a divorce in New Jersey, you can obtain a divorce without a signature from your spouse. While our office is in Jersey City, we represent people in every family court in New Jersey for family law/matrimonial matters. 

Where do you file for an annulment in New Jersey?

Annulments are filed in New Jersey Family Court (Superior Court)- the same place where you would file a divorce. 

How much is an annulment in New Jersey?

The court fee is $300. Our minimum fee is $2500

How long does an annulment take in New Jersey?

It can take as little as 30 days or up to one year. 

Will my spouse be deported?

That depends on the Immigration Court and Immigration Authorities in the United States. 

Can I file criminal charges?

If a crime has been committed against you by your spouse or you have been a victim of domestic violence, yes. 

What information is needed to file for an annulment or divorce in New Jersey?

Your name, date of birth, social security number, date and place of marriage. Your's spouse's information as well. 

What if I cannot locate my spouse? 

You can still obtain an annulment or divorce in New Jersey even if you cannot locate your spouse. We can help you by filing for a divorce or annulment by publication. 

Filing for an annulment is more difficult than a divorce if your spouse does not agree to the annulment. We have the experience and knowledge to help you obtain a divorce or an annulment in New Jersey. Contact us today on 973-337-9643. 

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Santo V. Artusa, Jr.

Santo V. Artusa, Jr.

Since 2009, Mr. Artusa has dedicated his career to representing clients in and near Jersey City in family law and criminal cases. He is a skilled negotiator and litigator who has received a range of prestigious recognitions, including:

  • The National Trial Lawyers Top 100
  • Avvo 10.0 Superb Rating
  • Client Distinction Award 2015

For more information about our legal services, contact our office online or call (973) 337-9643 today.

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