Legal Question in Immigration Law in New York

I married a czech citizen september of 2013. We have not filed the 1-130 to apply for her greencard. I recently discovered she was having an affair and I no longer want to sponsor her greencard. is there any way she can still get her greencard from our marriage? also, if i report her to ICE can she be deported, and is there anything preventing her from just marrying someone else and getting her green card that way? needless to say, because of everything she has done I would like to see her forced to leave the country and not be allowed to return.


Asked on 7/06/15, 10:59 am

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

She cannot file for a greencard through your marriage if you do not file the I-130 petition, unless she self-petitions as a battered spouse. If she entered the U.S. legally & re-marries another U.S. citizen, after you two have been legally divorced, then the new spouse could petition her.

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Answered on 7/06/15, 11:16 am


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