Cancellation of Support for a Green Card

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phlwok

New Member
Greetings. I've seen a number of posts similar to this but not quite in line with my scenario.

My wife was approved for a GC in April 2008, meaning we should file in Jan 2010 for the removal of the condition on the card. I'm a US citizen. However, we're considering a divorce. A couple questions:

1) If a divorce petition is filed prior to the filing of the request to remove the condition, what is the impact? Does this cancel the whole permanent residency application? Neither of us would be able to tell a USCIS officer in an interview that we were together or intended to stay married.
2) Is it possible for me, as the sponsor, to just cancel the application for permanent residency (and/or affidavit of support) prior to the filing of the petition? If so, what's the implication to her - does she need to immediately leave the country, would she have time to try to get her employer to sponsor her, etc? I'm seriously considering this route, should it exist, due to the state of the relationship.

Any help you all can provide would be appreciated.
 
phlwok said:
1) If a divorce petition is filed prior to the filing of the request to remove the condition, what is the impact? Does this cancel the whole permanent residency application? Neither of us would be able to tell a USCIS officer in an interview that we were together or intended to stay married.
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No, it does NOT cancel GC if marriage was in good faith. It's better to have divorce finalized before filing for conditions removal.
phlwok said:
2) Is it possible for me, as the sponsor, to just cancel the application for permanent residency (and/or affidavit of support) prior to the filing of the petition?
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No, she already has a greencard, you could not cancel it. USCIS can cancel it if you proof that it was marriage for GC only.
 
Thanks everyone for your replies, this is helpful. One follow up question though - why would it be better to have a divorce finalized before filing for the removal of conditions? Intuitively, the opposite would be true for the GC holder (remove conditions before divorce). Thanks in advance.
 
One files for I-751 when the GC is about to expire or the divorce is finalised, whichever occurs first.

phlwok said:
Thanks everyone for your replies, this is helpful. One follow up question though - why would it be better to have a divorce finalized before filing for the removal of conditions? Intuitively, the opposite would be true for the GC holder (remove conditions before divorce). Thanks in advance.
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phlwok said:
Thanks everyone for your replies, this is helpful. One follow up question though - why would it be better to have a divorce finalized before filing for the removal of conditions? Intuitively, the opposite would be true for the GC holder (remove conditions before divorce). Thanks in advance.
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Phlwok,

Can't you stay married to make the gays mad? :eek: I mean they want to get married, but you want to divorce, so maybe you should take one for the team...:D
 
hi i have a problem with my wife and i want to cancel her conditional green card how could i, please advice me, she is also pregnant i dont want her to take the baby so please help me, also i dont want her to go back to USA because she told me that she married me to get the green card only please reply as soon as possible if you could email me the instruction it will greatfull , thank you very much . she is in lebanon now and iam not in USA now .
 
Firstly you should have started your own thread instead of hijacking someone else's.
Secondly, only USCIS can revoke her PR status, not you. The unborn child is as much hers as it is yours.

amhaz808 said:
hi i have a problem with my wife and i want to cancel her conditional green card how could i, please advice me, she is also pregnant i dont want her to take the baby so please help me, also i dont want her to go back to USA because she told me that she married me to get the green card only
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Everybody wants to cancel their husband's or wife's green card, I think you guys should just get the divorce and move on and don't try to get back at your spouses by canceling documents you have nothing to gain and everything to loose.
 
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