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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

Posted

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.

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Asker

Posted

I am sorry but he used me this was fraud and I can't let him get away with it. He also wants to bring his fiancee here whom he was with the whole time and that was his plan....is USCIS gonna take my report seriously? How can they trust him when he is a scammer? This immigration system is so broken

Posted

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.

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Posted

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.

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Posted

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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4 comments

Asker

Posted

thanks...what do you mean by "not impossible"? If I confirmed it and told them that he defrauded me into marriage, why would it still be even possible for him to remove conditions? Oh you mean, if he lies his way through it? Yea, that's it..

Asker

Posted

Also, I didn't mention the details, having a girlfriend in his country while being "married" to me and wanting to bring her here now is not fraud? And also, cheating on me 2 months after receiving the conditional green card? And there is other stuff too..

Paul Christopher Hannaford

Paul Christopher Hannaford

Posted

I am sure you have plenty to grieve about but yes if he were to pass along a different version of events and he were able to substantiate them which according to you he should not. I feel for you and not to minimize what he did in anyway but if you can try and let go and move on with your life. If you have reported it it that is all you can do and by bringing it up it after you have done all you can will only effect you and not him. I wish you the best.

Asker

Posted

thanks but basically of course he will lie and deny everything so basically he is committing another fraud/crime by lying to immigration to get conditions removed. Are they that stupid to believe him? Really?

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