How can I revoke her Greencard?

[HeatDeath 430]

What can i say that its a fraud. I saved all of our emails. She told me that what she wrote in the emails are lies.

Unfortunately, in a courtroom situation, a stack of email printouts is completely useless, ESPECIALLY if they themselves seem fine and you have only your word against hers that they are "lies". That and a buck might buy you a cheap cup of coffee, sorry to say.

Unless they are printed by the internet service provider's system administrator and are accompanied by a subpoena and a court-notarized letter to that effect, emails are just text files. They are the easiest things in the world to fake, and have no evidentiary value whatsoever!

I'm afraid it will be very, very difficult for you to show that the marriage was not entered into in good faith, and without being able to show that, your ex-wife should have no real difficulties filing an I-751 (with divorce waiver) on her own and obtaining a 10-year GC. She'll even probably get it early, if she's well-read here or is receiving good advice, because being divorced, she can file her I-751 now instead of waiting for the 90-days-prior-to-two-years mark.

She'll have to wait until the 5-year mark to naturalize, instead of being able to after 3, but that's peanuts by comparison.

Petitioners who are accustomed to the immigration system giving them some power or control over the beneficiary frequently receive this rude shock: once the 2-year GC is issued, the amount of control the petitioner retains over the process drops precipitously. Once divorce papers are signed, the amount of control goes to epsilon [as close to zero as you can get while still being distinguishable from zero.] Honestly, the desire for control manifested in the subject line is actually weak-to-moderate evidence that the marriage was entered into in good faith by your ex-wife. If this power dynamic was a part of the marriage, it was almost certainly a major cause of the divorce.

The smartest things for you to do right now are:

A ) Materially: make sure your locks are changed, she is removed from your bank accounts and credit cards and insurance, and that you do not contact or communicate with her except in public with neutral 3rd party witnesses present. Protect yourself financially, materially, and legally.

B ) Spiritually [and FAR more importantly], put every last ounce of effort you can muster into forgiving her, letting go, and wishing her well. The desire for revenge, to see her clapped in irons and loaded by ICE on the first plane to Cambodia is not only unrealistic [as in it almost certainly won't happen, see above], but harboring and encouraging that pleasant fantasy - even finding it pleasant - will in the long run do FAR more serious damage to your own soul than any consequences it will have to her. Let her go. She hurt you, and nothing can change that now, and she will have to deal with the consequences of that, in time. Desiring to hurt her back is only allowing her to do far deeper damage to you still.

[milimelo 4,487]

In the recent NY Times article about stokes interview, wasn't there a mention in the leaked sheet about letter received about fraud? I guess if OP sent letter to USCIS indicating her A number and what he believes happened, it would be included in her A file and come the removal of conditions time she'd get an interview and have to explain what happened.

[Emmamama 2]

Everyone keeps talking about culture shock--did you live in the US through your entire marriage? Culture shock 2 years later seems a bit unbelievable..And if you have culture shock, I feel like you wouldn't ask for a divorce--you might ask to move instead. I do not however deny that it is shocking to move to another country, especially the US. I'm very sorry to hear you're in this situation and hope that you can get it sorted out soon. Be strong! Sending good vibes your way.

[himher 634]

Whatever. At the end of the day, if she wants to stay, she can. If she wants to go home she can. If she stays, the sponsor is financially responsible for her. Even if she "hurted" him that is not a crime and she didn't do anything wrong.

When these things happen, it is usually because one or the other had unreasonable expectations and one or the other entered into this immigration process with eyes closed. It's sad, but the knee-jerk reaction of "revoking the greencard" requires proof of fraud on the part of the sponsor and it is (much) easier to prove marriage wtih good intentions than it is to prove "fraud".

Lesson: Move on and choose the one you marry wisely and in the future do not enter into life-changing events with blinders. In a few months the "hurtedness" will heal - and hopefully your ill-chosen spouse will not hit you for too much financial responsibility. If she does - man up and take it. The rules were clearly outlined when you signed up for the ride.

[moleary 2]

HeatDeath offered you some good suggestions to protect yourself. Here are a couple of ideas. You need a good lawyer proficient with immigration divorces, to see if they will fly.

Get her in a deposition or in open court to admit that she is going back, with no desire to return. Or to state that she never loved you. Ask her to relinquish her GC. Ask your lawyer if he can get it as a condition of the divorce. Get a copy of the transcript.

Similar to this, a divorce won't relieve you of a mortgage obligation if both of your names are on the house you just lost (hypothetically), however there are certain things the court can obligate your ex to do to protect you. Ask the judge to rule that you are no longer responsible for any future debt that she incurs. That is normal and usually takes place first with a temporary order of separate maintenance (depending on your State). Get her to sign a document to indemnify and hold you harmless against any future financial burden. USCIS won't honor this at face value but if it comes to divorce, AND you really feel your financial future is jeopardized by her (and not just because you are hurt, pissed off or vindictive), ask your lawyer if a civil court would honor it. This could give you the legal right to go after her if USCIS went after you.

If you've first done all you can do to save your marriage (including offering to go back with her for a while to try and fix things) and it doesn't work, then you need to do all you can do to protect yourself - not get back at her. Then you can hold your head high while you get on with your life. It ain't easy, and bad things happen to good people. You put it behind you and keep going. I wish you well.

[jcrom 2]

Hello everybody, My friend this is my comment. I'm not a lawyer but I think I know a little bit of this issue. Indeed, I don't want to be rude or cruel with you, but I think you have to realize how much she loves you or better how much she can love her U.S. green card. It is possible to revoke her 2 year green card, but remmenber, she would need to be married with you, in case that she would need to change it into the 10 years permanent resident card. Now, it is possible that she doesn't want to wait nothing and maybe she wants to stop everything with you, and she doesn't want you to be her husband before the green card. There is a possibility that in case you got divorce from her, she has the option of filling the application of removing the conditions without you, but she has to probe with good evidences that she was married with you not only for her green card. I think in my opinion, she would need you for that. Now, YOU HAVE TO BE CAREFUL AND DO NOT TREAT HER BAD OR BEING TOTALLY RUDE WITH HER! You would be indicted of Domestic Violence, you could go to jail and at the same time, She can get easily with that big evidence the status of protection of VAWA (Violence Against Women Act); with this VAWA approved for her, it would be very likely that she would get the 10 year green card very easily; so please Do not get upset or turn rude or violent with her, or it is going to be worse for you, in my humble opinion; she would try to get you upset with her with any reason, so you can attack her and she wins easily everything. Now, talking the issue about is you can revoke her green card, I think that is possible, but You would need very overwhelming evidence against her; in case, she get the 10 year permanant resident card, it is much more difficult to revoke a green card. I think in your case is not easy, but you have the option of annulling first your marriage, that it can have much more compelling reasons in front USCIS to try to revoke her green card of 2 years; hence, if you annul your marriage you are telling USCIS that your marriage was not valid and it was never existed, automatically her green card is revoked, in my own opinion. If you really want to revoke her green card, you need very overwhelming evidence against her, and you try to annul you marriage first; hence, it is more likely to try to revoke her the green card. I repeat you this statement, I'm not a lawyer, I like these immigration issues and I think I know a little bit, I just give my own opinion. Be aware and totally attentive that you might be incriminating yourself, unless you probe with good evidence that she wanted only your green card and you never realized about her real and deceptive intentions from the beginning of the relationship. It is very difficult to probe a unilateral marriage, and it is much harder to win the case when the husband attacks the lady, because of the VAWA status, that I think it can give the lady the protection even from being deported (if my memory is not wrong). Please try anyway to fix up the things and think very well what you and her are going to do. Good luck.

[elmcitymaven 9,712]

Hello everybody, My friend this is my comment. I'm not a lawyer but I think I know a little bit of this issue. Indeed, I don't want to be rude or cruel with you, but I think you have to realize how much she loves you or better how much she can love her U.S. green card. It is possible to revoke her 2 year green card, but remmenber, she would need to be married with you, in case that she would need to change it into the 10 years permanent resident card. Now, it is possible that she doesn't want to wait nothing and maybe she wants to stop everything with you, and she doesn't want you to be her husband before the green card. There is a possibility that in case you got divorce from her, she has the option of filling the application of removing the conditions without you, but she has to probe with good evidences that she was married with you not only for her green card. I think in my opinion, she would need you for that. Now, YOU HAVE TO BE CAREFUL AND DO NOT TREAT HER BAD OR BEING TOTALLY RUDE WITH HER! You would be indicted of Domestic Violence, you could go to jail and at the same time, She can get easily with that big evidence the status of protection of VAWA (Violence Against Women Act); with this VAWA approved for her, it would be very likely that she would get the 10 year green card very easily; so please Do not get upset or turn rude or violent with her, or it is going to be worse for you, in my humble opinion; she would try to get you upset with her with any reason, so you can attack her and she wins easily everything. Now, talking the issue about is you can revoke her green card, I think that is possible, but You would need very overwhelming evidence against her; in case, she get the 10 year permanant resident card, it is much more difficult to revoke a green card. I think in your case is not easy, but you have the option of annulling first your marriage, that it can have much more compelling reasons in front USCIS to try to revoke her green card of 2 years; hence, if you annul your marriage you are telling USCIS that your marriage was not valid and it was never existed, automatically her green card is revoked, in my own opinion. If you really want to revoke her green card, you need very overwhelming evidence against her, and you try to annul you marriage first; hence, it is more likely to try to revoke her the green card. I repeat you this statement, I'm not a lawyer, I like these immigration issues and I think I know a little bit, I just give my own opinion. Be aware and totally attentive that you might be incriminating yourself, unless you probe with good evidence that she wanted only your green card and you never realized about her real and deceptive intentions from the beginning of the relationship. It is very difficult to probe a unilateral marriage, and it is much harder to win the case when the husband attacks the lady, because of the VAWA status, that I think it can give the lady the protection even from being deported (if my memory is not wrong). Please try anyway to fix up the things and think very well what you and her are going to do. Good luck.

There is so much wrong with this post I'm not sure where to start. Nor do I have the time to decipher it properly (think I need a secret decoder ring -- paragraphs might have helped) so I will leave it to someone else who isn't working this weekend, like I am.

[belinda63 3,038]

Well I pulled out the secret decoder ring and figured it out sort of and a lot of it is wrong.

1. Unless he has overwhelming proof of fraud from the beginning of the marriage it will be virtually impossible for him to have her green card revoked.

2. After one year of marriage in which I assume they lived as man and wife since nothing is said to the contrary an annulment is not possible.

3. I do agree with the don't be alone with her because it opens up the possibility of false abuse allegations but I would think if this was the route she wanted to take it would have already happened.

So bottom line unless the OP has some concrete proof that she entered the marriage only for a green card he can do nothing.

[jcrom 2]

Hello everybody, thanks for your reply. Believe me it is possible the annulment, He has to check out with the Divorce Laws of his State, indeed. I think in my State of PA (Actully is a Commonwealth), it is possible almost until 2 years. So, He has to check specially his State Laws of Divorce, this is my humble opinion. Now, He easilly can try to get a normal divorce and that is it. I'm sorry I apologize if somebody doesn't like what I wrote but it is my own opinion and what I have read and nobody has to be rude with me; here we are to help him to do the best action for him and for his case. In case that everything what I wrote is wrong here, I clear up that I know just a little bit and I'm NOT A LAWYER. Anyway, There are many things on what I stated that are fact. Thanks and bye,

[belinda63 3,038]

Not to argue but annulments are for very specific and limited reasons. In Pennsylvania you can only get an annulment rather than a divorce if

Occasionally, people who live as a married couple learn that their marriage is not valid or legal. In this situation, a court may grant a legal annulment instead of a divorce. An annulment is a legal declaration that a valid marriage never existed. This differs from a divorce which declares a valid marriage is over.

or from another legal site

Previous marriage undissolved; within consanguinity lines prohibited; lacked capacity by insanity or serious mental disorder or did not intend to consent; underage

Still answer is no, he can do nothing that will affect her LPR status.

[JimVaPhuong 4,863]

Hello everybody, thanks for your reply. Believe me it is possible the annulment, He has to check out with the Divorce Laws of his State, indeed. I think in my State of PA (Actully is a Commonwealth), it is possible almost until 2 years. So, He has to check specially his State Laws of Divorce, this is my humble opinion. Now, He easilly can try to get a normal divorce and that is it. I'm sorry I apologize if somebody doesn't like what I wrote but it is my own opinion and what I have read and nobody has to be rude with me; here we are to help him to do the best action for him and for his case. In case that everything what I wrote is wrong here, I clear up that I know just a little bit and I'm NOT A LAWYER. Anyway, There are many things on what I stated that are fact. Thanks and bye,

"Commonwealth" is a ceremonial term that four states apply to themselves to celebrate the fact that they have a certain amount of autonomy from the federal government. The fact that Pennsylvania refers to itself as a "commonwealth" does not make it any different from any other state. Puerto Rico also refers to itself as a commonwealth, and it is NOT a state like Pennsylvania.

A legal annulment in Pennsylvania can only be obtained if there are grounds that the marriage was never legal, and should never have been granted. Any one of those grounds would have made it practically impossible for the OP's wife to get a K1 visa. For example, if either of them were under the age of 16 when the marriage took place, or they were close blood relatives, or either had a mental defect that made it impossible for them to legally consent to the marriage, or either of them were still legally married to someone else. It would be pointless for the OP to even investigate getting an annulment, much less actually trying to get one. Even if it WERE possible to get an annulment, it would not be any different from a divorce for the purposes of the OP's wife's immigration status.

When something is a matter of opinion, then it's perfectly fine to offer your opinion. When something is a matter of fact, then you make sure you know the facts before offering advice. Following advice based on faulty information may not do any harm, or it may end up being a huge waste of time, but in the worst case it could end up being devastating.

[elmcitymaven 9,712]

"Commonwealth" is a ceremonial term that four states apply to themselves to celebrate the fact that they have a certain amount of autonomy from the federal government. The fact that Pennsylvania refers to itself as a "commonwealth" does not make it any different from any other state. Puerto Rico also refers to itself as a commonwealth, and it is NOT a state like Pennsylvania.

A legal annulment in Pennsylvania can only be obtained if there are grounds that the marriage was never legal, and should never have been granted. Any one of those grounds would have made it practically impossible for the OP's wife to get a K1 visa. For example, if either of them were under the age of 16 when the marriage took place, or they were close blood relatives, or either had a mental defect that made it impossible for them to legally consent to the marriage, or either of them were still legally married to someone else. It would be pointless for the OP to even investigate getting an annulment, much less actually trying to get one. Even if it WERE possible to get an annulment, it would not be any different from a divorce for the purposes of the OP's wife's immigration status.

When something is a matter of opinion, then it's perfectly fine to offer your opinion. When something is a matter of fact, then you make sure you know the facts before offering advice. Following advice based on faulty information may not do any harm, or it may end up being a huge waste of time, but in the worst case it could end up being devastating.

Amen Jim. I'm a lawyer but crucially not an immigration lawyer so I never, ever offer anything in the way of advice under the guise of being a lawyer because I could very well be wrong. When I'm sure of my facts, I offer them as such (and never in a professional capacity); when I have an opinion I make sure it's clear that's all that it is. Dabblers in laws covering the validity of marriage, and whose knowledge is gained from a quick google, really should think twice and maybe fifteen times before posting things that could be of real consequence.

[himher 634]

See how easy stuff is to fake? LOL I hope her lawyer doesnt find this post you put online......

I used her. I asked for a divorce just 3 weeks before our anniversary.

She got her 2yrs greencard. It is not a year old yet.

Is there anything I can do so she will not get her 10yrs? I am just got tired of her and now I want to dump her by the wayside and get out of my responsibility. So I will make stuff up so she will get sent home on ship...

[justashooter 430]

"Commonwealth" is a ceremonial term that four states apply to themselves to celebrate the fact that they have a certain amount of autonomy from the federal government. The fact that Pennsylvania refers to itself as a "commonwealth" does not make it any different from any other state. Puerto Rico also refers to itself as a commonwealth, and it is NOT a state like Pennsylvania.

actually, there are many differences between a commonwealth and a state. these differences are largely related to internal political structure, but they are important. commonwealths tend to have more layers of political autonomy, and more localisation of tax regulation and public services responsibility. puerto rico is also a commonwealth of the united states, as was the phils until it was granted independence in the late 40's.

[Enlighten one :) 5]

They always say they want to go back home so you don't think they used you for the GC.