So it is three months before the temporary green card expires. CR spouse and citizen spouse have had a very bad marriage, now wife doesn't sign to have the conditions removed. What happens next? Also, it seems very apparent CR holder just wanted to be in the U.S. for the opportunity to work and make money. Real married life just never took place, i.e. each spouse lived completely separate lives, did not even sleep in the same bed or room, only spoke to each other to argue. CR spouse spent all of his free time away from home, no mutual friends, no ANYTHING together! CR spouse used the opportunity to also find himself a young 20 year old girlfriend. Can CR spouse still be given a ten year green card? Will citizen spouse be called to explain why they are not signing?
You sound as a US citizen spouse aggravated and frustrated. The facts you describe may or may not point to the fact that your spouse has committed marriage fraud, It cannot be determined on AVVO. Such determination would require an inquiry. The kind of USCIS would conduct when they adjudicate the removal of conditions application. They are very adept at doing this types of inquiries and getting to the truth of the matter. SO, yes, it is possible that the noncitizen spouse would removal conditions with or even despite of the USC spouses objection.
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The solution to your problems lies exclusively in divorce court, not immigration law. Only ICE can determine whether or not to deport someone.
J Charles Ferrari Eng & Nishimura 213.622.2255 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.
There are options for the CR spouse to self-petition to obtain a 10 year green card but he or she will need to show that the original marriage was in good faith which sounds like it may be difficult here.
Lynne R. Feldman, Attorney at Law
Concentrating in Immigration and Nationality Law
2221 Camino Del Rio South, Suite 201
San Diego, CA 92108
phone: (619) 299-9600, facsimile: (619) 923-3277
Formerly Adjunct Professor -- Immigration law
University of Illinois College of Law