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Asker
Posted over 1 year ago.

and that removal would be based on what specific things to retain his residency. thanks!

Samuel Patrick Ouya Maina
Samuel Patrick Ouya Maina, Immigration Attorney - San Francisco, CA
Posted over 1 year ago.

Anything that would tend to show HE entered into the marriage in good faith.

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Asker
Posted over 1 year ago.

go it thank you...he can do that by simply showing our marriage certificate from what I know...is that sufficient enough or obviously if he married legally then he could have that and everyone gets that certificate, so it does not necessarily prove that he entered the marriage in good faith. thanks for the comment above.

Samuel Patrick Ouya Maina
Samuel Patrick Ouya Maina, Immigration Attorney - San Francisco, CA
Posted over 1 year ago.

While it is true anyone who marries gets a certificate, whether the marriage is bona fide or not, you also have to remember that the two of you convinced CIS that your marriage was a real one, and not one for immigration purposes. Presumably, then, you showed more than just your marriage certificate.

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Posted over 1 year ago.

well when we got married we lived with parents as we were going to move to a metro area to find jobs, so during the few months of the petition and the request from the immigration documentation of of our bonafide marriage, we did not have any shares resources to present as we were just starting, and even my parents wrote in their affidavits that we live with them and they were financially responsible for us for a few months until we got back on our feet. As someone new in the country, he did not have much money and I did not work, hence our living with parents. My parents did say the same thing as an explanation as to why there is not much docs involved in terms of living together. Also, it was the first several months of the marriage when we were just starting our lives together, but wouldn't then immigration not let the same go by for his filing of i-751 if technically we should have gathered substantial evidence of us living together all this time. So my point is that perhaps the immigration understood the situation at the beginning of the marriage with the confirmation from my parents that the two of us were living with them, but now with a fraud report, no documentation on his behalf to show that he entered the marriage in goof faith (exactly like the beginning when we did not show much), and also the witness report from my own parents saying how I got scammed and they got used financially by him for a free place to stay before he abandoned the marriage with the card, then that changes everything.

I also think that when he got his conditional green card we were together even without any docs like bills or other things, so it was alright, but now since we are divorced, he will file it alone, and since there is a fraud report, he won't be able to simply say that well I lived with her parents and for that reason there was no mutual bills or anything, especially when he did not live with me after getting his conditional green card (only lived with me up until he got his card); therefore, if the immigration was nice to us and understanding in the beginning, then lots of things changed after he got his card and I do not see how he can just simply file the i-751 and end up just submitting a marriage certificate (which we already did at the very beginning) and just submit a witness report from a friend he dictates what to write to his benefit and just for that get his condition removed. Sorry for the long talk, but just a more in dept info. Thanks for the comment again...very helpful!

Samuel Patrick Ouya Maina
Samuel Patrick Ouya Maina, Immigration Attorney - San Francisco, CA
Posted over 1 year ago.

I understand your viewpoint. But you might be surprised what USCIS can approve. If you are really concerned about him not getting the permanent card, follow up with USCIS. Beyond that, there is not much you or any of us on this forum can do except speculate.