Divorce, Greencard status?

T

tarbiyah

New Member
Hello, after 3 long years of unsucessfully trying to make it work, I
am finally divorcing my wife. Turns out she has been cheating on me
and only married me for a greencard.

Anyways, I am an American citizen and she was on an expired work visa
at the time we got married in 02. She received her conditional
greencard in August 03, and went out of the country for 10 months
until June 04. Currently she has a conditional greencard and is
enrolled as a student. Now, I was wondering, after I divorce her, what
is the procedure that Homeland security takes, do they deport her or
does she have a chance to reapply for a student visa? Also, can I
simply cancel her 'petition' and change her status? Just getting some
sound info, all help would be appreciated, thanks...
 
Well if she got her conditional GC in AUG03, I believe she was due for a removal of conditions back in AUG05. (2 yrs period) If you both didnt file the form i-751 90 days BEFORE AUG05, I think most likely she has entered a procedure of deportation.

You can call USCIS and find out what happened with her status, again.. most likely she's illegal now.
 
Not necessarily. She may have filed form I-751 selecting the individual filing option alleging good faith marriage and ended thru a divorce. After she obtained permanent residence, even if it was conditional, the petitioner stays out of the picture. It's the service against her. Maybe she was smart enough to obtain copy of documents, leases, bank statements, insurances, bills, taxes in both names that will prove co-habitation with the US citizen before and after CR was granted. The law only requires that it be a "qualifying marriage" at the time of its inception.
She may have removed her conditions last year with the advice of a good immigration attorney and now be hot single permanent resident looking for trouble.... sorry pow!
 
tarbiyah said:
Turns out she has been cheating on me
and only married me for a greencard.
.
Click to expand...

If you can prove this, you can call CIS and they may take her GC away.
It does not matter if its condiional or unconditional GC, when it comes to fraud.
 
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