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Applying for divorce after attaining Green card

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  • Applying for divorce after attaining Green card

    Hi,
    My sister married a US citizen and obtained green card for 10 yrs after removing conditional residence. As she has issues with her husband she is planning to apply for divorce. So can anyone let me know is there any condition or chances to revoke her green card by her husband.
    Or will she have any other issues?

    Thanks,
    Mili.

  • #2
    her husband cannot do anything
    -unless he can prove that your sister cheated him for greencard.

    Even if he have proof of cheating he still need to prove that he was completely ignorant of the cheating part until his wife filed for green card.

    In US cheating for money and better life is common. And it is generally pardoned by the court. If he puts such a case against her she can easily prove that she didn't marry him for green card.

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    • #3
      That is exactly the reason why the law requires those 2 years before obtaining the 10-year green card: for the spouses to live together as a family, share good and bad and actually see if each one is really in. That is why USCIS asks you for all the papers like joint accounts, joint tax refunds, joint bills etc. If one (in this case the US citizen) has any doubts that the immigrant spouse tries to play tricks for the green card then the US citizen can immediately file for divorce, but if not this at least cease maintaining the joint documanets, maybe inform USCIS, collect proof about the sham marriage- generally many options. The law is defintely on the side of the US citizen! Now, if the US citizen "sleeps" through those 2 years and does not do anything and even signs the I-751 form (which he can choose to not sign!), well then... What more can the law do?! After the 2 years, when USCIS has obtained all the necessary documentation and decided that the marriage is real and issued the green card, it will be simply impossible to convince them the marriage was not real! Bear in mind that if USCIS finds the papers are not adequate or in some way wrong they may not issue the green card! But once they do, it's done done! The US citizen then has to go against himself to prove that the marriage was **** once he had proved that the marriage was real!!
      I have never heard of such a case! It does not make sense!
      If anyone knows of such a case, please share it!
      Thank you!
      P.S. If you want to be certain on the matter, please consult an attorney!

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      • #4
        SISA, you made the point very clear.

        The Us Citizen once claimed the marriage is real cannot prove the marriage was mock unless there is recognizable falsehood evident in the side of non-citizen.

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        • #5
          Thank you guys for your honest replies. She was planning on consulting an attorney, however I think she has the answer now. Thanks once again

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