I sponsored my daughter in law i want to revoke due to her marriage fraud against my son, she may have green card

Asked over 2 years ago - Willingboro, NJ

married 3 years in july she left him and baby 7 months ago

Attorney answers (4)

  1. J Charles Ferrari

    Contributor Level 20

    5

    Lawyers agree

    Answered . You cannot petition an in-law. I am therefore going to assume you are talking about the Affidavit of Support. If so, there is no way to revoke it. See link below.

    Additionally, if they had a baby together, then she obviously did not marry your son just for the green card. I just do not understand why people assume that because a marriage fails it was just for the green card.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  2. Neil Ian Fleischer

    Contributor Level 20

    5

    Lawyers agree

    Answered . Is she has a green card, it is unlikely you can withdraw your I-864 affidavit of support

    www.immigrate2usa.com

    Neil I Fleischer (513) 977-4209 www.immigrate2usa.com Note: Neil Fleischer is an attorney licensed in the State... more
  3. Cynthia Beth Rosenberg

    Contributor Level 16

    5

    Lawyers agree

    Answered . You cannot revoke her green card. You are still under obligation under the Affidavit of support but only if she collects a government benefit. Assuming your son is supporting his child and divorce/separation issues have been resolved, that is not likely to occur. The focus should be on the domestic relations issue, not immigration.

    Under the guidelines set by AVVO, this response is general information only and not specific legal advice, and no... more
  4. Stuart Jonas Reich

    Pro

    Contributor Level 19

    4

    Lawyers agree

    Answered . You don't have it within your power to revoke anything. If you signed a joint affidavit and she got the green card based on this, you are obligated. See link for when the obligation runs out.

    If you have actual evidence of fraud, you can supply it to USCIS or ICE and see if they'll do anything - but just her leaving isn't proof of fraud.

    She would at first have likely gotten a conditional green card good for just two years - would have then needed to "remove conditions" to get a ten year card or the status expired. Not clear if this was done here.

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