Wife Left Me During I-485 Approval - Effects of Annulment

[Confone]

Virginia- My girlfriend's (at the time) work visa expired last year without her knowing because her employer didn't give her the documents. We found out after the 6 month time period and she became illegal. We got married the next month in Vegas (OCT 06) so we could be together and be married. I really love this girl and thought that she wanted to marry me for the marriage, and not to be able to stay in the states. The beginning was very difficult because she had to file for her work approval and wasn't working. She'd also been away from her home country for 4+ years and was expecting to travel back there when she got her Advanced Parole. The entire time we were together all she wanted to do was go to her country. This consumed her and our marriage was really bad. She actually left to go see her mother (in the states) without telling me anything and she didn't come back until a couple of weeks later, and a lot of prodding from me. She finally got approval for Advanced Parole in June 07. Also, we had our interview for her Green Card and we received a stamp. The immigration lady said she could travel with this but would be better waiting for 2 weeks until she received it in the mail. She couldn't wait any more so left at the end of June to go see her family for only 2 weeks (we agreed to this). Well, this has turned into 6 weeks. She was worried about traveling back on Advanced Parole because the immigration lady called her (She told me this after she left ) and told her not to travel with the Green Card stamp because the FBI background check wasn't complete and she shouldn't have stamped it. Well, my wife told me she was finally coming back. Then her mom called me the next day (July 30,07) and said she was not coming back now. That was about 5 days ago and I haven't heard anything from her since. I feel that she married me so she wouldn't be deported, and after she received her Advanced Parole and Green Card process, she left and now says that she doesn't want to come back and possibly doesn't love me anymore (heard this from her mom). Long story, thanks for listening. Here is my question: If I get an annulment, how will this affect her I-485 application? Her Advanced Parole paper work? Her ability to stay in the US? Do I have to report this to USCIS? Thanks for the help. I'm still praying that she will contact me and come back, but now that I look back on the past 9 months, I see a lot of signs that should have been red flags. Thanks again.

[Mr. Knowitall]

I doubt that you would qualify for annulment after almost a year of marriage.

If she has left the country and abandoned her attempt to obtain status, or if you divorce this early in the marriage, I doubt that any subsequent attempt to naturalize on the basis of your marriage would succeed.

[Confone]

I will qualify in Nevada for this annulment. She intends on coming back, I just don't know when. She thinks she can wait there until the FBI background check is done and everything will be fine (60-120days).
Do I need to report this annulment based on fraud to USCIS?

Will it negate her current process (I485) or go back and deny if it gets approved before the annulment?

Will this affect her Advanced Parole?

Will she be allowed back in the states, or if she gets in, will she be legal after the annulment?

Thanks

[Mr. Knowitall]

If you believe you qualify for an annulment and you want an annulment, file for an annulment. Let the USCIS worry about the rest.

[Confone]

I still love this girl and am concerned for her future once the annulment gets approved. But I also don't want this marriage to reflect negatively on my future. If I know the answers to the questions, I may be able to do both and still move on with my life. How will this effect her I485 process and will it negate it afterwards? Will she be refused to reenter? Will she be illegal after USCIS discovers a fraudulent marriage? Thanks again.

[Mr. Knowitall]

Your loving your wife doesn't make the marriage bona fide, nor does your remaining married to her even though she has abandoned the marriage. Her future is governed by her choices, not yours.