Can a foreign national remove conditions on green card if he acted but actually just wanted papers?

Asked 7 months ago - Boston, MA

Can a foreign national who used the citizen spouse get green card if he just pretended/acted like he wanted to be with her but he was just using her and it was all a lie? For example, he would take pictures of them and keep those as evidence. He would also keep all documents with their names on it. He just used her.

She realized he was using her and divorced before the year was up. It was all a scam. She was not aware of it. Can he use the "evidence" he collected in his waiver application to remove conditions on green card if it was a scam but he is lying? In other words, even though he scammed and used the citizen spouse, can he still get the permanent green card? Will USCIS believe him?

Attorney answers (2)

  1. David Alexander Concha


    Contributor Level 15


    Lawyer agrees

    Answered . He can use anything he wants to prove his case. It will be his legal burden to show whether or not the marriage was in good faith. It is up to the government to determine what weight the evidence carries and to determine if he is credible or not.

  2. Aneliya M. Angelova


    Contributor Level 18

    Answered . Yes, he can use all of the evidence he has to prove the marriage was bone fides. Because he will have to file for a waiver of the joint filing requirement, he has the burden to prove the marriage was genuine.

    This answer is for informational purposes only and should not be construed as legal advice.

Related Topics


If you want to visit or move permanently to the US, you'll want to learn about your different immigration options.

Green cards

A green card is a legal document which provides proof that the owner is a lawful permanent resident of the United States.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

19,072 answers this week

2,459 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

19,072 answers this week

2,459 attorneys answering