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If a wife is a conditional green card holder, but due to lack of evidence of bona fide marriage decides to file for Eb1A by

Toledo, OH |

abandoning the conditional green card without applying for I-751 waiver, will this be viewed as suspicious by the USCIS, especially when there is an accusation of fraud against her. I am wondering the specifics of this situations and what the wife will be faced with once sending the necessary application for her EB1A as someone with extraordinary abilities. WIll it be taken into consideration with an automatic abandonment of the conditional green card through marriage or how will this be handled and how the USCIS will see this move with the fraud complaint against her.

Attorney Answers 3

Posted

It is difficult to give helpful advice here without knowing the specifics of the marriage, the nature of the fraud complaint, and the woman's qualifications for the EB1. I recommend you sit down for a detailed consultation with an experienced firm that specializes in EB1s and also has attorneys who do a lot of hard marriage cases.

Rosner, Ortman, Moss Partners
216-771-5588
Rosnerlaw.com

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Andrew M. Bramante, Rosner Partners, 216-771-5588. Free telephone consultation. You should always consult with an experienced immigration attorney to make certain that the advice you received is appropriate for your particular immigration case.

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Posted

To start, all of it will and does look as highly irrational. Have a consultation with an immigration attorney and soon.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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Posted

Not pursuing the removal of conditions will result in not being granted the removal of conditions. Seeking permanent resident status through another classification will result in an decision on the merits of the EB 1.1. CIS may ask why the resident status was not pursued through the marriage.

216.861.4414
immigration@rbrownllc.com
www.brown-immigration.com
Robert Brown LLC
1468 W. 9th Street, Suite 800
Cleveland, Ohio 44113

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5 comments

Asker

Posted

This is what I was trying to understand...so switching between green cards is possible then.

Robert Louis Brown

Robert Louis Brown

Posted

Yes

Asker

Posted

Just one question though, would the petitioner be required to prove the bonafide of the marriage before the uscis accepts the eb1a case sort of like when you marry a USC but you need to prove the bonafide of the previous first marriage to the USC.

Robert Louis Brown

Robert Louis Brown

Posted

No the marriage does not matter unless, CIS finds that it was fraudulent. The other issue is maintaining lawful status through the process.

Asker

Posted

I understand now better, thank you. Regardless if the marriage will be found fraudulent or not, there is a fraud report against her by me.

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