Legal Question in Immigration Law in Virginia
Wife married me for green card, then split shortly after the interview.
Got married to a japanese national in 03 (in the USA). Was married for a couple years, applied for my wife's greencard. The interview came, and we both went and she got her greencard. Shortly after that, she ran off with her boyfriend. That was dec 07.
Can I petition to have her greencard revoked? What evidence would I need? What forms to file? Would I need a lawyer? Thanks for your help!
1 Answer from Attorneys
Re: Wife married me for green card, then split shortly after the interview.
Unfortunately, there is little that can be done, except file a letter with the USCIS and advise that you believe your ex-spouse married you solely for immigration benefits. That, however, poses a problem for you. Apparently, all went well with your marriage for some time in order for you both to pass scrutiny by the USCIS, first with the I-130 to confirm the bona fides of your marriage, and then her I-485 for her green card. It may be easy to raise the complaint with the USCIS because they are always hunting to find someone they can charge with a deportable offense, but you had to have been married at least over 2 years or she would not have received a permanent card, but a conditional card. If it was conditional, after two years of her having obtained her lpr card, then you would have had to file to remove the conditions. If the latter is the case, the you can write to USCIS and advise that you will not file to remove the conditions because you believe she married you solely for the green card. If you passed the two year point when she obtained her card, the best you can do is send a letter to the USCIS and tell them why you believe she obtained the benefit fraudulently. Good luck.