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?
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.
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.