Is he able to get his permanent residence card?

[randie19 7]

My husband causin wife cheated on him with another men, he has prove that she did. Is he able to get his permanent visa? His up for renewal December of this year. She is the us citizen.

[TNJ17 1,329]

We need more information than this. Like what is his status in the US, how did he come to the US, etc. Also, do you mean your husband’s cousin’s wife? Because that’s kind of confusing too.

[randie19 7]

12 minutes ago, TNJ17 said:

We need more information than this. Like what is his status in the US, how did he come to the US, etc. Also, do you mean your husband’s cousin’s wife? Because that’s kind of confusing too.

He is a resident, but not permanent resident. This year he has to renew. I don’t know if you understand now.

[Kastrs 723]

So he has his greencard? and he needs to file to remove conditions?

[randie19 7]

7 minutes ago, Kastrs said:

So he has his greencard? and he needs to file to remove conditions?

Yes green card. What do you mean?

[Ontarkie 14,234]

~~Moved to Effects of Major Family Changes, from IR1/CR1 - As similar threads are discussed here.~~

[geowrian 22,337]

If he doesn't wish to remain married (which is understandable after being cheated on IMO), he can divorce and file for ROC with a divorce waiver.

[randie19 7]

2 minutes ago, geowrian said:

If he doesn't wish to remain married (which is understandable after being cheated on IMO), he can divorce and file for ROC with a divorce waiver.

Go got it. He can still get his 10 permanent resident.

[TNJ17 1,329]

2 hours ago, randie19 said:

He is a resident, but not permanent resident. This year he has to renew. I don’t know if you understand now.

You really need to provide more information. When did he get there? Under what type of visa? What legal document proving he is a permanent resident does he have now? How did he get it? What is he applying for?

[Illiria 980]

3 hours ago, randie19 said:

Go got it. He can still get his 10 permanent resident.

So long as he can prove that he entered into a genuine marriage, he can apply for removal of conditions as divorced. Her cheating on him is neither here nor there (it doesn’t matter)

[Londonergirl 133]

6 hours ago, Illiria said:

So long as he can prove that he entered into a genuine marriage, he can apply for removal of conditions as divorced. Her cheating on him is neither here nor there (it doesn’t matter)

I have heard that it is superhard though to get the 10 year old gc if you have been married less than 2 years??

[geowrian 22,337]

14 minutes ago, Londonergirl said:

I have heard that it is superhard though to get the 10 year old gc if you have been married less than 2 years??

The individual filer waiver (aka "divorce waiver") is a normal process for a marriage that failed. The vast majority of ROCs are approved. One just needs to show they entered into the marriage in good faith.

[sy1983 31]

22 minutes ago, Londonergirl said:

I have heard that it is superhard though to get the 10 year old gc if you have been married less than 2 years??

I agree.  Im sorry to hear that he was cheated on and the marriage didnt work out but the whole point of issuing a permanent resident status is solely for 

marriage. If the marriage doesn't work out on either fault of the party then residency should not be allow and should go back to home country, where he is from 

and back with his family there. It makes perfect sense .. 

[Londonergirl 133]

14 minutes ago, geowrian said:

The individual filer waiver (aka "divorce waiver") is a normal process for a marriage that failed. The vast majority of ROCs are approved. One just needs to show they entered into the marriage in good faith.

I have heard different..... But okey. How do you prove that you entered in good faith? I am only courious how it would work. What evidence can you show?

[geowrian 22,337]

10 minutes ago, Londonergirl said:

I have heard different..... But okey. How do you prove that you entered in good faith? I am only courious how it would work. What evidence can you show?

I don't know what you heard, but the statistics (and reports from many, many others here) indicate otherwise:

https://www.uscis.gov/sites/default/files/USCIS/Resources/Reports and Studies/Immigration Forms Data/All Form Types/Quarterly_All_Forms_FY17Q4.pdf

For last fiscal year, 93% of ROC applications were approved. If ROC is denied, one can refile (if removal proceedings have not started yet, which is usually the case) or present their case to an immigration judge. So of that ~7% of I-751s that were denied, only (small) fraction of that ultimately results in LPR status being revoked. The process takes years, and the GC holder can remain an LPR in the US during that time.

Edit: Note that this approval rate is twice that of family-based AOS applications (and a few times that of K-1 visas issued, although you get that from the DOS website, not USCIS).

 

You would show the same evidence as a still-married couple going through ROC jointly. You need to show that you entered into the marriage in good faith, not that you still care for each other at the time of filing (or interview).  this is typically via showing joint tax returns, commingling of finances (bank accounts, credit cards, retirement accounts, insurance, utility bills, etc.), photos and trips together, evidence of living together, etc. There's a small example of items listed in the ROC guide here: http://www.visajourney.com/content/751guide

Edited January 16, 2018 by geowrian