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Can permanent residency status (green card) be revoked for fraud?
My wife from the Philippines just got a temporary IR-1 "green card" in her passport. NOTE it is not a "conditional" CR-1, it is the permanent green card, but the temporary one that they stamp in your passport.
NOT coincidentally, I just discovered that the ONLY reason she married me was to obtain a green card.
I was scammed, and so was the United States. I will be divorced soon, probably before the end of July. But I don't believe that the scammer should be allowed to maintain permanent residency status.
Is there a way to get the green card revoked? If so, how? I've googled this, but all the answers relate to how to stop the process BEFORE a green card is issued. What about a few days after the green card is issued?
5 Answers
- ibu guruLv 72 years agoFavorite Answer
ANNUL the marriage on the grounds of fraud. Report the fraud to ICE Hotline, and offer to send them a copy/scan of the petition for annulment date-stamped Filed (or Received) by the Clerk of the Court. You need a lawyer NOW, and insist on annulment or you have to support this fraudulent woman for 10 years.
Even naturalized citizenship can be revoked if there is fraud, perjury, deception, etc, at any stage of the visa/immigration process. But it is very difficult to get permanent GC or naturalized citizenship revoked for fraud. Assemble your evidence & notify ICE!
BTW, no contract where a person has been induced to sign by fraud of the other party, coercion, etc, is valid in law. So the only way out of the Affidavit of Support is to prove her fraud & deception, e.g. annulment of marriage on grounds of fraud & deception, proofs to ICE, etc.
- W.T. DoorLv 72 years ago
The answer from ibu guru is correct and you need to have the marriage > annulled <. A simple divorce may be insufficient to have her immigration status cancelled by USCIS. .
- RICKLv 72 years ago
Hard but not impossible
Try an annulment but if she accuses you of either mental or physical abuse she wins you lose
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- 2 years ago
The two year temporary status was introduced about 20 years ago to address situations such as yours. When this expires, a second application and interview are required. You have to be still married and living together to get the permanent (10 year) card. If you have divorced in the interim you will obviously not support her application for a permanent card.
However, if she is a scammer she may claim domestic violence and try to get a waiver. Document everything, take photographs and have evidence of the way in which she fooled you. For example, if she has a boyfriend back in her country, make sure he is named and shamed in the court records of the divorce.
