Can a divorce initiate a deportation process?

#1
Hi,
Me and my wife got married in another country and lived there for a while,my spouse is the US citizen, then I got a visa for a green card before entering the US, when I entered the US my green card arrived in the mail (conditional green card because we were married for less than two years). Sadly we got separated after about a year and the situation is irreparable.

My question is: If I file for divorce could that divorce decree or judgement initiate a deportation proceeding or request assuming my spouse says it was a fraudulent marriage(even though i have evidence to prove it wasn't). My main concern is assuming everything goes wrong I don't want the divorce to affect my conditional status or end up being deported just because my spouse is hurt and might pretend it was a fraudulent marriage.
 

newacct

Well-Known Member
#2
It's not what your spouse says that matters. It's what the government believes, and is able to show in immigration court, that matters. If the government believed that your marriage was fraudulent, they can initiate removal proceedings against you no matter if you are divorced or still married. Even if you have already naturalized, they can initiate the process to invalidate your naturalization and then remove you. Of course, they would have to show that your marriage was fraudulent.

On the other hand, if you can show that your marriage is bona fide, you can apply for Removal of Conditions by yourself after divorce.
 
#3
Got it,
Thank you for taking the time to help. There’s still something I’d like to ask, I’ve read that certain court circuits “favor” foreign born residents while others are called “deportation machines” how influential would this be? As you said it’s up to what they think, I can be 100% sure my case is a fair and Bona fide marriage but wether they believe it or not is what really matters.
Also, my major doubt is wether I should proceed with the divorce because to be honest I’ve tried everything and I don’t see my situation with my spouse getting any better but I just don’t want the divorce “triggering” something and be an open door for deportation Or just wait and focus on my things until she files which will be in a year from now which would give me time without extra worries.
Just if it matters I’m a Swiss resident.
 
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