Can I cancel/revoke Spouse green card?

A

Aduks

Registered Users (C)
My green card and spouse green card got approved few months ago. Spouse started acting up after receiving the green card. Spouse is my derivative, I am the primary. I am thinking of ways of taking the green card from him and return him(deportation) back to our country. We are both from Lebanon. It looks like he got into this marriage bcos of green card. I am employment based filer.
Can you share with me how I can get the green card revoked from him, and have him return back to our country? I don't want him to get away with using me just like that. I brought him to USA. I will really like his green card to be cancel/revoked, and returned him back to where he came from- in the struggle.

Any idea pls share. Employment based green card, from Lebanon.

Thanks for any suggestion...
 
You will need to prove that he entered the marriage with the *intent* of getting a GC. I'd guess (I'm no lawyer), that it would be a hard thing to do, given you have been married for some years and so he can find plenty of documentation of a bonafide marriage (photos together/joint accounts/evidence of living together etc).

Not to mention, fighting in the court will cost you money, time and emotional stress (especially if you lose). Maybe you should just stop your losses and move on.

~t
 
Please don't assume this as advise all I am sharing my thoughts/opinion that may or may not reflect or encourage your intentions.

This opinion is not in favor based on any Gender.

Few months ago a similar thread posted here in this forum by a Husband who shared similar intentions. all I shared similar opinion as follow.

In life many things doesn't go exactly what we expect.
Few ppl do focus on something a lot and forget values of other things around them. when ppl make relation based on dishonesty they get some immediate success but that success won't last far with them.

Think in this way 'He doesn't deserve you, you deserve better'. if u think he made relation to get G.C, he used u. and now he is changed. than you smile, shake your hand with him, wish him good luck, pray for him, leave everything on GOD and let him get what he think that getting G.C in life is success and not someone 'heart' and 'love'. may be he doesn't understand value of sincer loving spouse. than its better to leave everything on GOD. and end the relation with smile and shaking hand. so he would remember his rest of life how good and kind hearted person you are.

You can take away his G.C but think in this way, You can take ur revange, but God LIke forgivness and being as good person don't take away G.C just because he is not interested in you, may be he is focusing too much on something in life that he is not realizing the value of other things, Let the God handle things in his own way, he do have plans for all. God will heal the wounds in heart you received from his cheat. and will multiply the good things you do and would return you the happiness that you can’t imagine. So let him be happy in his own G.C life.
and see how far he can go with.

God bless u and your family.

Good Luck
 
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People in Glass-Houses must not throw stones!!

Aduks said:
My green card and spouse green card got approved few months ago. Spouse started acting up after receiving the green card. Spouse is my derivative, I am the primary. I am thinking of ways of taking the green card from him and return him(deportation) back to our country. We are both from Lebanon. It looks like he got into this marriage bcos of green card. I am employment based filer.
Can you share with me how I can get the green card revoked from him, and have him return back to our country? I don't want him to get away with using me just like that. I brought him to USA. I will really like his green card to be cancel/revoked, and returned him back to where he came from- in the struggle.

Any idea pls share. Employment based green card, from Lebanon.

Thanks for any suggestion...
Click to expand...

When you claim that he had married you only for the purpose of Green-Card, did this revelation come to you now or it was there ab initio? If this dawned upon you just now after the fact you folks got your GC, this is not valid as per law. You are merely acting out of your desire to "control" your spouse. INS and Immigration Law are not play-tools to control spouses. Just leave your spouse, go file for a divorce and get on with your life. That is much better than trying to work your senses in driving an LPR out of this country. IF you knew he was staying with you for GC only, what were you doing before the approval?

Now, if you claim that he entered marriage for Immigration purposes and you knew this at the time of marriage, you are going to land yourselves in Jail, because more than him, you are the person to violate immigration laws and defraud this Government. So, if you claim that you knew he was taking you for a ride and that is the reason he got married to you, be ready to lose your GC and be deported to Lebanon, because it is the person who abets a crime gets punished more than the criminal who perpetrates it.

So, just relax and do not try to control the GC of your spouse. Your mission is wrong and so you are bound to fail. Either try to save your marriage or just learn to be indifferent to your spouse's whims.
 
poongunranar,

poongunranar said:
When you claim that he had married you only for the purpose of Green-Card, did this revelation come to you now or it was there ab initio? If this dawned upon you just now after the fact you folks got your GC, this is not valid as per law. You are merely acting out of your desire to "control" your spouse. INS and Immigration Law are not play-tools to control spouses. Just leave your spouse, go file for a divorce and get on with your life. That is much better than trying to work your senses in driving an LPR out of this country. IF you knew he was staying with you for GC only, what were you doing before the approval?

Now, if you claim that he entered marriage for Immigration purposes and you knew this at the time of marriage, you are going to land yourselves in Jail, because more than him, you are the person to violate immigration laws and defraud this Government. So, if you claim that you knew he was taking you for a ride and that is the reason he got married to you, be ready to lose your GC and be deported to Lebanon, because it is the person who abets a crime gets punished more than the criminal who perpetrates it.

So, just relax and do not try to control the GC of your spouse. Your mission is wrong and so you are bound to fail. Either try to save your marriage or just learn to be indifferent to your spouse's whims.
Click to expand...


poongunranar,
I have been processing my EB 485 since 2002. I got married to him in 2004 and submitted his application immediately. He got the free GC under one year of our marriage bcos he got my priority date of 2002 on his processing as well. And that hurts....

What I need to say is this, Whether you are a man or a woman, I pray you will be in the same or similar shoe one day and then you can refer back and chew your contribution here. I am not trying to control my spouse GC, my mission is not wrong, I am just hurt.. Anyway, I wish you the same at a stage in your life. Then you will realise how it hurts...
 
"I wish you the same at a stage in your life. Then you will realise how it hurts..."
???????????????????
In my opinion, winners are all different, and losers are all the same. From the curse you made above, I can understand why your hubby wants to leave you. Identify your own problem. Your failed marriage may not be simply due to the green card thing.

Aduks said:
poongunranar,
I have been processing my EB 485 since 2002. I got married to him in 2004 and submitted his application immediately. He got the free GC under one year of our marriage bcos he got my priority date of 2002 on his processing as well. And that hurts....

What I need to say is this, Whether you are a man or a woman, I pray you will be in the same or similar shoe one day and then you can refer back and chew your contribution here. I am not trying to control my spouse GC, my mission is not wrong, I am just hurt.. Anyway, I wish you the same at a stage in your life. Then you will realise how it hurts...
Click to expand...
 
niw_seeker & Adkus

niw_seeker:

You made a good observation.

Adkus:

Thanks for your curse. I am not angry at your curse and am not going to join issue on that. People in this forum know my temper and how I comment. I can only pity your plight that blights your temper. FYI, I am a social activist and have had enough experiences on cases much serious than yours. In this very forum I have had opportunities to share comments that have united couples after their estrangement and Domestic Violence calls to police!!! So, I can only smile and leave it at it.

However, that much said, I stand by my opinion 100%. Whatever your curse may be or whatever your plight may be, you are talking ad hominem (attacking the person against the issue) and I am talking ad rem (issue at hand). So, my questions and observations are based on law and not on an uncontrolled temper to claim innocence on your part and to accuse only your spouse of foul play. If you knew from the beginning that the marriage was about GC, you cannot claim innocence on your part and that is how the law sees it too. If there was never an intent to get married for GC purposes, then you cannot claim that your spouse married you only for GC. I hope you don't lose your reasoning in your moment of passion.

In other words, your very case points the accusing finger towards you and I am merely pointing it to you. So, just drop those brickbats and get on with life.
 
By the way

By the way, if he was your dependent adjustment, it means that you filed affidavit of support for him. This affidavit is NOT cancelled by a divorce. So, you are pretty much permanently on hook now, if your ex decides to draw any public assistance or becomes public charge. I would worry about that instead of boiling over on "how to deport" him.
 
slt -- Probably not!

SLT:

Your surmise is not entirely right. Usually when a divorce decree is issued, it clearly mentions the sundering of all rights as man and wife and that they will be assumed as though a marital union never took place. The divorce that is awarded is divorce a vinculo matrimonii and therefore, the clear wordings in the decree will nullify any kind of prior agreements as man and wife, affidavits of support, etc. In other words, once a decree is issued, there is no binding on either spouses for the other.
 
No, I am perfectly right

The affidavit of support has nothing to do with family. It is a legal contract between a sponsoring spouse and US government. Divorce has no relevancy to this contract since this is NOT between spouses. Please, download USCIS form I-864 (Affidavit of suport) and read it. It clearly says on the page I "Divorce does not terminate the obligation". Although, I am yet to hear of a single AOS being inforced in a civil court, it does not mean that it did not happen.

So, as ironically as it seems, her "acting up" hubby has much higher (and realistic) capability to ruin her life financially than she does to deport him.
 
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slt

Friend,

First of all, not all EB cases need I-864. Next, it is a generic statement that a mere claim of divorce doesn't absolve one of the responsibilities to support the alien. However, the Civil Action Suit assumes all precedence over any other claim because it is what it is -- a CIVIL ACTION. And, do not forget that Immigration comes under Civil Justice System. And divorce is of various types. I have belabored about all that in various other threads. And in the divorce a mensa et thoro divorce, as against divorce a vinculo matrimonii divorce, the actual shackles of marital union are not sundered, yet, a "separation" kind of divorce is ordered. In such types of divorces, the responsibilities like Affidavit of Support and all that is in tact. However, for the type of divorce I suggested, which will be clearly worded in the Divorce Decree, there is no law within the US Justice System that would still hold a person responsible for actions committed while in marital union. That is why a divorce decree is absolutely important in this country.

Your fears are justified only if the decree is screwed up. However, my opinion as to having a solid decree to be free of any support obligations is based on the fact that it is the decree that will determine whether there are liabilities or not. And that decree will also depend on what type of divorce we are talking about.

It is because of this reason that the INS form doesn't go into any more depth than merely asserting that a mere divorce would not absolve one of responsibilities. It also means an alien cannot divorce an alien spouse in some court in some corner of the world to claim, "I am not responsible to her support as I got divorce in Congo," or whatever. However, if within the US one files for the proper divorce and gets the proper verbiage in the decree, then that in effect nullifies all civic responsibilities towards that ex-spouse. Whatever is explicitly cited in the decree (like child-support, etc.) will be the only new obligations that the spouse has to take care of.

You are free to consult on this point with Immigration Attorney who also practices Family Law.

You are free to differ with me on this, but I have personally dealt with one case on these lines and INS didn't cause the guy grief because it was all clear in the decree.
 
Thanks for clarification

Thank You for very enlightening clarification on this issue. I stand corrected. Very interesting though.
 
slt

Haha. Guess what dear friend? Actually, I was very much like you until I had to unfotunately see myself getting into a couple of serious Civil Action Law suits. Only then I saw that in law, things are very different than what meets the eye. And when ordinary guys like you and I fail to see that, that is when the sophist Attorneys start milching money. No offense meant here, but, an astute client can help the attorney-at-law and vice-versa. That's all. But, I had been there too and being an Engineer, I was more interested in absolute truths to statements like what you had quoted. Haha.. After all, an efficiency of 99% in Engineering means precisely that, whereas in legal law, one will start to question the very concept of "what is efficiency." Hahah. Anyways, as I had redacted, it is all in the divorce decree.

Also note that it all has to do with "INTENT." Intent in Law is a quintessential concept for you to even understand about other major things. For example, did you have an INTENT to divorce your wife at the time of getting married is entirely different than you having to divorce your wife due to natural causes that erupted later in life. Likewise, you may be granted AoS with a GC on the premise based on an intent that you will be working with your employer forever, but things may change later. However, whether things change is of trivial consequence as against INTENT. If it is proven you had intent to desert your employer after getting your GC, before your GC was approved, you can be denied of your GC. However, you can only see how difficult it is to prove that there was an intent to desert your employer.

Likewise, the whole question of INTENT is the key to marriage and divorce as well.

That is why I opined to aduks that if there was an intent to get married for GC purposes from the beginning as she claims, she is as much an accused as she is accusing of her spouse. If her spouse couldn't stand her for very many reasons and wished to walk away after getting his GC, then it is moot because he never got married to get his GC in the first instant.

So on and so forth it goes, but the entire topic is interesting...especially for an Engineer, Law will be enlightening.... :D :D
 
Well

Very very interesting, thanks for taking your time. So, to sum everything up: they are pretty much harmless to each other after the proper divorce decree is issued in the US court, right? Proving by wife of INTENT to marry for GC beyond the reasonable doubt is almost improbable and husband going on public charge will not reflect on wife's financial future?
 
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