Legal Question in Immigration Law in Kansas

I am a US Citizen, married with two children. After my husband received his permanent residency, he wants to file for a divorce. I felt that he just used me in order to obtain his residency and become legal in the US. He has been having an affair but always denying them so that it will not affect my petition for him. Is there still a chance of him being removed in the US or be penalized due to his wrongdoings?


Asked on 8/13/09, 10:34 am

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

Are your two children also your husband's? How long have you been married? Did he receive a conditional (2 year) or permanent (10 years) green card?

Even if he received a conditional green card, he might be able to apply to remove conditions after divorce if he can prove that it was a real and bona fide marriage.

You will remain his sponsor and financially responsible for him even after divorce (Affidavit of Support, I-864), until he becomes a USA citizen, dies, or permanently leaves the country.

There is always a chance that a foreigner can be removed from the USA. However, it's not clear from your post whether your husband is removable. At this time, he is a lawful permanent resident.

Attorney[@]law-visa-usa.com

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Answered on 8/18/09, 1:00 pm


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