My husband obtained residency in March 2011, he has not lived with me since. Can I petition to have it taken away?

Asked 9 months ago - Chicago, IL

I believe he only married me to obtain his green card. While in Mexico I obtained proof that he was being unfaithful. Phone records, pictures, personal messages. He has not lived with me as husband and wife since he obtained his residency and does not want to divorce until after he has had his residence for over the 2 year period.

Attorney answers (5)

  1. Judy A. Goldstein

    Contributor Level 20


    Lawyers agree


    Answered . This is possibly more an immigration question than a family law question. From the perspective of family law, you can file for divorce. Unfaithful behavior is grounds for divorce but probably will have no bearing on rescinding a green card, but the immigration attorneys will tell you with more certainty.

  2. Lynne Rogers Feldman

    Contributor Level 18


    Lawyers agree

    Answered . You need to talk to a family law attorney regarding the divorce. In most states you don't need his cooperation. As to whether he can retain his green card that would his problem. If you feel like you want to write a letter to USCIS on his behavior you can do this and advise them you think he married you for the green card. They will look into this when he selfpetitions to get the 10 year green card..

    Lynne R. Feldman, Attorney at Law
    Concentrating in Immigration Law

    2221 Camino Del Rio South, Suite 201
    San Diego, CA 92108 | (619) 299-9600
    Fax: (619) 923-3277

    Former Adjunct Professor -- Immigration law
    University of Illinois College of Law

  3. J Charles Ferrari

    Contributor Level 20


    Lawyers agree

    Answered . No. Your avenue of redress is a divorce.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  4. Mary Kathleen Neal

    Contributor Level 15


    Lawyer agrees

    Answered . My colleagues have explained you options well. I would only add that the separation or even divorce will not excuse you from supporting him based on the I-864 affidavit of support, should he make a demand. The only events that end this duty of support are: immigrant attaining 40 quarters of work credits for Social Security, immigrant becoming U.S. Citizen, immigrant permanently leaving the U.S., or death sponsor or immigrant.

    For more information about I-864 duty of support after divorce, see link below.

    Law Office of Mary K. Neal | || 773-681-1335 This answer is... more
  5. Irene Vaisman

    Contributor Level 20


    Lawyer agrees

    Answered . The only thing you can do at this point is report the alleged fraud to CIS

    Irene Vaisman, Esq. 11 Broadway, Suite 615 New York, NY 10004 (646) 253-0516 This is not legal advice and a... more

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