Deporting exwife after divorce

J

js360

Registered Users (C)
Ok, so im not saying i want to do this but wondering if possible. My wife and i were together for 10 years and have 1 son. We moved to the states where i got my citizenship and then applied for her to get her conditional green card. During her conditional status we moved from washington to oregon for her job.

I applied to remove conditions and they were lifted in november, in april she cheated on me and left me for another guy. We are now separated and seeking a divorce. She has told me numerous times that she stopped loving me years ago, so due to that her marriage to me was not real but still carried it on. How could it be proved that she just carried it on to get her 10year green card and then left me. The whole reason all this happened was because of her job and she wouldnt have her job if it wasnt for me. Is there anything i can do? I probably wont do anything, but i might try to take action if she tries to fight my son for me, right now she says i can have him.

Any help would be appreciated, i am not in anger anymore over her leaving me for another guy, but in all honesty, i got her here, if she pisses me off enough i would like to get her out of here.
 
You can't deport your ex-wife. You're not ICE.

She has an unconditional GC, so for all intents and purposes she is here permanently. Move on with your life.
 
js360 said:
Ok, so im not saying i want to do this but wondering if possible. My wife and i were together for 10 years and have 1 son. We moved to the states where i got my citizenship and then applied for her to get her conditional green card. During her conditional status we moved from washington to oregon for her job.
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I'm having a hard time understanding your history--maybe you could help me out. You say that you have been together with your soon-to-be-ex wife for 10 years--why was she not included in your own previous green card application or citizenship?

If you got citizenship, not by naturalization but by some kind of claim through your parents, then you have technically been a citizen your whole life, and your wife should not have needed a conditional green card--she should have gone straight to the full 10-year card.

In any event, "love" is a very difficult concept to define legally. If you have been functioning as a married couple for 10 years--and it sounds like you have--then you have, in fact, been married for any legal purposes I could imagine. Trying to claim after 10 years that the marriage was a sham from the beginning--when it seems to have begun before you even planned to come to the USA--is not likely to work IMHO.
 
we have only been married for under 4 years. and realcanadian, im not asking for me to deport her, and i have moved on...im just sayin its because of me what she is in her job, soo....plus ive talked to an immigration lawyer and he says it is possible, because the whole point of getting the green card through marriage is to be in an american family, and because of the fact she gave me our son, and doesnt want the family but just her work, it could be possible that USCIS decide to deport her.
 
Give it up. If she is self sufficient, she won't be a financial burden. Why not just let her work and force her to pay child support, instead?
 
js360 said:
plus ive talked to an immigration lawyer and he says it is possible, because the whole point of getting the green card through marriage is to be in an american family, and because of the fact she gave me our son, and doesnt want the family but just her work, it could be possible that USCIS decide to deport her.
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Your lawyer is an idiot. The entire point of an unrestricted green card is to not be tied to the marriage. If anything a US citizen son makes her harder to deport.

Give it up. Move on.
 
TheRealCanadian said:
Your lawyer is an idiot.
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No the lawyer is not an idiot. What I suspect is going on here is that the divorce attorney asked the OP to consult with an immigration attorney about the wife's immigration status. The immigration attorney--understanding the game that is being played, played along indicating that there was a chance of deportation. All this means, though, is that theoretically USCIS/ICE can rescind a green card up to five years after AOS. They are hoping to scare the other side a bit with this threat--empty though it may be.

If the OP is smart he should play along with whatever games his lawyers want to play to get the best possible terms in the divorce. This is especially true given that he is a man and divorce courts traditionally favor women. If his story is true and it was his wife who cheated first, he should have no hesitation about playing hardball in the divorce.

However the OP also should understand that this tactic will, at best, scare her a bit and result in slightly better divorce terms. It should not be the central issue on which he hangs his chances for success in the divorce case. There is zero chance of an actual deportation happening because there's been no evidence cited that there was any actual fraud involved in the green card process.

TheRealCanadian said:
I am not a lawyer. So act accordingly.
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Well said.
 
thanks for the info guys, i was really just trying to get info, i dont think i would actually try to get her deported, and seems i wouldnt be able to anyways. but you guys are right, she does have a good job and i might as well keep her here and hit her in the pocket.
 
but ..there is a big but in the whole story ....wife might cite abuse by the spouse an then you are in the can big time !!!..so watch how you tread this path ...it might backfire ..seen that happen ..best way is to terminate the marriage amicably without much fuss..
 
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