green card and citizenship

Norfolk, VA Viewed 328 times. Posted 12 months ago in Immigration

I 've got my permanent GC for 3 years I adquired it though my marriage . I have been married for 4and 1/2 years. We are having many marital problems. He has been physical and verbally abusive. I have been married because I love him, so never have courage to call the police or report any abuse. I have been advised by friends to seek help for my safetly, and I am on my way to start to see a psychologist. My problems does not end here, since I married him I was able to revalidate my carrier credential from my country and in few months I will obtain a licence to practice my profesion and probably make 3-4 times more money than him. I suspect that because of this, when I applyed for removal of the conditional GC they required more information to prove that my marriage was in bonna fe. I did send about 100 pictures and more letters from people that know us. I was thinking to apply for Citinzenship soon, but on the light of my marital problems now my priority is to find emotional and physical safetly. I am also worried of what would happen to me if I do not go to the police to document the abuse and then when I divorce INS will start again with questions about my intentions. I am planning to move away from him so I will be safe. We do not have children toghether but we have my daughter from previous marriage with us, she sees him as a father and calls him Daddy. He has refused to see a profesional to help him with anger management neither wants to go to counceling. I do not have too much proves of his beheivor except for one visit to my PCP where I mention the abuse and I did show her the bruises. SHe documented everything and advised to leave him, but I still was having hope in our marriage. THis happened several months ago. My daughter is now 11 yo and she witness and listening to all the verbal abuse from him. Lately he started again to get upset for anything, and also bolling my daughter. I am scare of him now. I did not want to call the police because of what could happen to him. One of his favorite subjects is to acuse me of married him only for the GC. He will threat to report to inmigration his believes. He also will scream and complain about my carreer, telling me that all what I had acomplished has been because of his help. I always work and provide for the house, and now I bring to the house more money than him. He has been w/o job for 4 months and I has been the only income in the house.
How far can he go to harm my GC status? If I apply now for citinzepship, will I have to bring him to a new interview or prove that we are still living toghether? What do I need to do before filling divorce to keep my inmigration status safe? WHat will be your advise to avoid problems with inmigration. I was excited with the possibility of becoming a citizenship of this wonderful country. I has been living here for several years and I am happy to stay and continue working with my profession. I would like to have your advise asap please. I am still living with my husband.

Answers (2)

Thuong-Tri Nguyen

This attorney is licensed in Washington. Posted 11 months ago.

If the government alleges and can prove that the marriage is fraudulent, the government can start proceedings to revoke the immigration benefits you received (your green card) any time, even after you gain US citizenship. Whether the government would go to that extreme depends on your facts (and how much the government wants to get you).

If you apply for naturalization based on your marriage to a US citizen, you would have to remain married to that US citizen at least until after your oath of naturalization. Naturalization in some places are quick (about 7 months) and in some place are slower (over a year). Some naturalization applicants have been waiting over 3 years. No one can predict how fast your particular application will take.

If you do not apply now, you will be eligible to apply 3 months before the date you gained legal permanent residency. That date is on the front of your green card.

The government gets many reports from disgruntled spouses and others about alleged fraudulent activities of immigrants. Unless the reporters have specific evidence of the fraud, the government likely puts the reports under the category of persons seeking revenge.

Your first priority likely is the immediate safety of your daughter and yourself even if there are immigration consequences.

You should review your facts with YOUR attorney to see what your options are. No one in the internet would be able to advise you what to do (besides telling you to go see attorneys) since no one here knows enough about your facts.

Michael E Hendrickson

This attorney is licensed in Dist. of Columbia. Posted 11 months ago.

You probably would be well advised to seek now to become a naturalized citizen of the United States and then file for divorce, as it would appear that your domestic situation, unfortunately, will likely worsen as time goes on and there would appear to be little for you to gain by delaying matters (in my opinion).

Michael E. Hendrickson
Attorney and Counsellor at Law
211 North Union Street Suite 100
Alexandria, Virginia 22314