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Can I withdraw my peition for citizenship for my husband after14 years of marriage?

Chicago, IL |

I married my husband march 21st 1997 who at the time was not a citizen. He is from Nigeria. to my knowledge I thought it was real marriage. I recently found out he used me for the green card issued. I petitioned for his green card when we married and he was granted a permament resident card in 2000. he, once receiving the card left the us back to nigeria and long story short, returned on and off once a year and did not return at all in 2006,07,08,09 claiming buisness and his dad was ill. he did not return until 2010. i found out he has a wife and family in africa around the same time we married. and has an ex wife in states he owes 61000 in child support . he lives in africa makes good money and has returned to renew his green card and refuses us now, made threats to me if I try to report

Attorney Answers 4


You have nothing to withdraw, you did not give him a greencard, the government did. If you believe that he recieved his greencard fraudulantly you can provide evidence to USCIS, but you must have something of substance. He probably has abandoned his greencard anyway by having lived outside the U.S. for more than one year. You have a right to divorce your husband and seek spousal support.

Andre Olivie, Esq.
(206) 724-1940

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I agree, but it is also unclear why you waited so long to divorce him. On point to clarify is that he did not become a U.S. Citizen when you petitioned him. Instead, he became a conditional or lawful permanent resident. If he later became a naturalized U.S. Citizen, which seems unlikely, then he likely did that on his own.

As mentioned, a lawful permanent resident may abandon their immigrant status if he does not permanently reside in the United States. His decision to remain outside the U.S. for extended periods may eventually result in a problems at an airport or border.

Another conceivable issue is whether he was also married to someone else at the time that you petitioned him and he filed his adjustment of status application. If that is proven, then his permanent resident 'may' be rescinded.

It is up to the Department of Homeland Security whether it pursues a rescission, since this is not within your control after the petition and adjustment is approved. The information presented needs to be verified, which seems unlikely without DHS discretion. It seems like you should seek a divorce while he is in the U.S., based upon the physical separation and irreconcilable differences.

The above is general information, not legal advice, and does not create an attorney client relationship.

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Why did it take you so many years to find out information about your husband that you should have found out before you married him?

You cannot withdraw his residency as you didnt grant it to him.

If his marriage to you was valid and bonafide, which you agreed it was at the interview, there is nothing to counteract that now. Its a bit late in the day.

The government has a period of time to rescind his green card, and it up to them to take any action they deem necessary if they have sufficient evidence before them.


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As deplorable as it sounds, if you petition for your then spouse for a lawful permanent residence while being in a bona fide (legitimate marriage) and since that time he received it, you have no legal standing to withdraw his permanent status or block his naturalization absent of showing of fraud or misrepresentation. Best of luck to your future endeavors.
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