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Green card marriage based?

Houston, TX |

Me and my wife married 7 months ago. I petitioned her green card and paid all the fees, we had an interview and she just got her green card, and she started acting different. Phone calls from her "new" friends who she claims she knew long time, being rude and moody with me. We talked about having a baby, now she changed her mind and says wants me to leave her alone, kinda mentioned divorce. Having second thoughts that she wanted me just for green card, now she has conditional GC, she won't be able to renew it without me, or can she? What can I do to stop her getting any benefits from me and deport her to her?

Attorney Answers 4


  1. She can renew it without your assistance. There are four exceptions to the joint filing requirements. There is no way you can stop her from obtaining benefits unless you allege fraud in the marriage.


  2. You cannot get her deported.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.


  3. A bad marriage isn't the same as a fake/sham marriage.

    I suggest you encourage her to attend marriage counseling with you.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  4. Yes, she can file for the permanent green card without you. She would have to prove that the marriage was entered into "in good faith, but was terminated through divorce/annulment".

    If you truly believe that it was a fraudulent marriage or obtain any proof of this you can always report it to USCIS. You can also request to withdraw your I-130 petition. Just make sure that you submit and document your reasons for beliving it was a fraudulent marriage.

    Law Office of Marc Taylor, Esq. PC, www.usavisanow.com, 888-645-6272, info@usavisanow.com , 224 W. 4th Street, Suite 200, New York, NY 10014 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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