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

Asked over 1 year ago - 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)

  1. Alexander Joseph Segal

    Contributor Level 20

    6

    Lawyers agree

    Answered . 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)... more
  2. Andrew Marino Bramante

    Contributor Level 15

    2

    Lawyers agree

    Answered . 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

    ----- Reply message -----

    Andrew M. Bramante, Rosner Partners, 216-771-5588. Free telephone consultation. You should always consult with... more
  3. Robert Louis Brown

    Pro

    Contributor Level 19

    2

    Lawyers agree

    Answered . 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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