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Can my ex still get his permanent green card even though we are divorced?

Boston, MA |

My ex-husband just used me for the green card. We divorced before the 2 years. Can he still get the green card or will he be deported? He got the conditional green card, but not the permanent one. I also reported him for fraud to immigration officer.

Attorney Answers 4

  1. It will be more difficult but not impossible for him to get a green card. He must prove that when you were married it was real and not for an immigration benefit. USCIS understands that not all marriages are successful and that divorces can sometimes be very bitter. If your marriage is truly over, you should forget him and his immigration issues and move on with your life. I think you will be happier. Good Luck.

  2. There's no way to know for sure. USCIS may question the validity of the marriage so he will have to prove a good faith marriage and not just in order to procure a Green Card. In order to get the permanent one, he will need to file a waiver of the joint-filing requirement to remove conditions of residence.

    This AVVO Answer does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. Each case is different and not enough facts exist to formulate a proper and thorough response. To the extent additional or different set of facts exist or the hypothetical or scenario presented herein is different, the opinion or commentary of the Attorney might possibly change. Attorney is licensed to practice law only in the State of California and opinions are based solely on California law unless stated otherwise. For answers to specific legal questions, always consult with a licensed Attorney.

  3. It's more difficult, but not impossible.

    I would be careful yourself. Lying to officials about your marriage can land you in some hot water. Tell the truth to the best of your ability and let the chips fall where they may.

    Law Office of Daniel M. Wigon This should not be taken as legal advice. Consult with a local attorney before making a decision that could adversely affect your rights.

  4. I am sorry for your troubles. In order to get his conditions removed he will need to prove that you entered into a bona fide relationship and by notifying the officials they will most likely question him about this. So it could be a lot harder but not impossible to do.

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