My wife and I got married and I petitioned for her to legally stay here. The conditions of her residency had now been lifted. She now has the 10-year card. Unfortunately, we're planning on getting an annulment. Would that still affect her green card since our marriage is gonna be null? Would INS take her green card and deport her?
Technically she is not entitled to the benefit of a marriage that never existed.
However if she entered into the marriage in good faith and the marriage was annuled before she received her permanent green card, she could have obtained a waiver based on the annulment.
At this point her challenge will resurface when she applies for citizenship and USCIS decides to investigate.
It is advisable to contact an immigration lawyer to ensure there are no fraud issues.
You are welcome to use the link provided below.
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