Originally posted by jeans
Thank you for the info .
I have another question .
Say suppose A ( male ) got married with B (female ).
A got green card from B's side that is she incuded him in her green card processing after marriage during i-140 petition.
After getting green card B realises that A is not a good guy to continue life with and she decides to have divorce. And she gets the divirce finally .
In this scenario can B file to INS to with draw / CANCEL greencard fecility of A as he got his green card from B's side ?
Bottom line is if B divorced from A , then why should A enjoy the benefits got from the side of B ?
Jeans
The relevant question of law is whether the marriage is genuine, and if so, whether A had fradulent intent in consenting to the marriage.
From what you write, the marriage, while it may be on the rocks now, was genuine at the time it was consummated. It is also apparent that while A may have weighed the green card as a benefit of the marriage (much the same way as many of us weigh the other party's wealth as a key criterion), the intent to marry was not fradulent. Given these circumstances, the law would allow A to continue to enjoy immigration benefits and there is nothing you can do about it.
However, during the pendency of your application, you may be required by law to notify the INS of any material changes in the circumstances based on which your application to adjust status was made, and it would appear that the very basis of your spouse's application is now in question. I am not sure that a rocky marriage in itself is regarded under the law as a disqualification from adjusting one's status; clear intent to separate/divorce may very well be.
The situation may have to be clarified anyway if the service sends out an RFE or transfers your case to a local office, as they often do for this very reason. If you choose to keep quiet till an RFE/transfer occurs, the INS can question your own green card in future accusing you of facilitating immigration fraud.
Situations like these are best handled in one of two ways. You can scrupulously make sure that everything is on record with the service so as not to jeopardize your own application, or if you do not believe in this approach, let a lawyer handle the case as appropriate.