Legal Question in Immigration Law in Illinois

Hello,

I brought my wife and my son from Colombia with a fianc�e visa, thereafter, we proceeded to marriage and the proper documentation was filed. She and my son received her temporary green card within a few months. After that took place, I realized she was cheating on me. She left with her new significant other and no longer lives with me. She is trying to stay in this country under domestic violence but that is not true. Can I stop her papers without a DIVORCE? Will that affect my son�s status?

Thank you.


Asked on 11/14/10, 3:42 pm

1 Answer from Attorneys
Dianne Brooks The Mandel Law Firm

You can't stop her. It's up to USCIS to decide whether or not she is telling the truth about the domestic violence and she will need to provide evidence. If you both did enter into the marriage for legitimate reasons then she may be able to have the conditions removed from the green card even though you no longer live together. None of this affects your son. His green card is not conditional, only hers.

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Answered on 11/20/10, 8:02 am


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