Immigrant visa cancellation

S

Steken

New Member
Hello,
My wife arrived to USA last week. She came on the spouse immigrant visa and they gave her a letter on the airport saying that temporary green card would be mailed at the given address. We have decided to divorce. She is heading back, is there a possibility if I can request somewhere for the cancellation of her visa and green card. Because if she would come back again, she is gonna put me in trouble.
Thanks
 
The immigrant visa is a single use visa and became void when she entered. At the moment she entered she automatically became a US permanent resident and she already has proof of permanent residency (the visa became a "green card") whether she receives the plastic card or not (which she is entitled to receive). Her immigration status is between her and the government and is not "owned" by you. She can stay if she wants to, or she can leave if she wants to. But you have no say in whether she is a permanent resident or not. Just divorce and move on.
 
There are a couple of options.. If.. big IF, the $165 GC fee hasnt been paid, then forego the payment; her GC won't be produced. And longer term, if the conditional GC does arrive, forego the ROC process.
If she's heading back and has no desire to live in the US, she can choose to formally surrender her GC at a US embassy.
 
Thanks for the response. The problem is that someone else provided the sponsor because my income was low and if she stays she will go to the aid and that person would be having a big big hard time. I didn't pay $165 fee so far. So in that case if we don't pay the fee, will she still remain green card holder? And if she goes back now, would she be able to return back?
 
She has already become a permanent resident. The Affidavits of Support (both from you and the joint sponsor) are fixed and cannot be cancelled. The obligations will continue indefinitely until one of the conditions listed on the Affidavit applies (e.g. she becomes a citizen, earns 40 quarters of SS credits, gives up permanent residency and leaves the US, dies, etc.). Both you and the joint sponsor accepted the risks and consequences when signing this. In practice pretty much no government will sue people for obligations under the Affidavit of Support because it's too expensive to sue in federal court.

She could pay the $165 fee herself. Even if nobody pays it, she remains a permanent resident. Not having the plastic card won't matter at least for the first year because she already has a temporary green card of 1 year.

As a permanent resident, she can leave and re-enter the US. Without applying for anything else, she can use a green card to re-enter after an absence of up to 1 year. With a Re-entry Permit, she can return during the validity of the Re-entry Permit, which is 2 years. Even if she returns with just a green card after an absence of more than 1 year, she can (and often will) still be let in. It's at the immigration officer's discretion. Alternately she could apply for an SB-1 returning resident visa to return to the US. Regardless of the length of the trip (less or more than 1 year) she needs to maintain residence in the US, or lose her permanent residence. What counts as maintaining residence in the US is subjective, and again at the immigration officer's (and immigration court's) discretion. You have no control over any of this. Just because she leaves or has left for a certain amount of time does not mean for sure that she cannot enter again as a permanent resident. The only way to be sure is if she herself voluntarily files I-407 at a US consulate to give up her green card.

If she is a conditional (2-year) permanent resident, then she can apply for Removal of Conditions by herself after divorce. She should be approved as long as the evidence shows the marriage wasn't fraudulent. You have no control over whether she gets approved or not. If she leaves the US and is outside the US after the 2 years passes and hasn't applied for Removal of Conditions, then that will also cause her permanent residency to be lost.
 
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