Asked in Immigration Law

Q: If my spouse has to apply for a greencard, would we both have to live in America? And could he register behind my back?

And if he did get the greencard, and later divorced me, would he still have the greencard and live in America or would he get it taken away from him?

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1 Lawyer Answer
Kevin L Dixler
Kevin L Dixler
Answered
  • Immigration Law Lawyer
  • Milwaukee, WI

A: First, if you are unable to trust him, then why remain married to him? Second, if you both intend to return and permanently live in the U. S. together, then you should petition him. If you both intend to live abroad, then don’t. In that case, he should consider petitioning you for landed immigrant status if you live where he is a citizen.

Americans are not immune from deportation. More and more are experiencing the scrutiny of more attentive visa review from foreign governments. This, as a result of President Trump’s policies.

If you are emotionally and/or physically abusing him, then he has the right to present a self petition with evidence of your abuse for confidential evaluation with the USCIS. This doesn’t mean that such a petition will be approved. It does mean that it is best to take a step back and decide whether you are still in love. If you both need help, and are open to counseling, you may want to consider it. Good luck.

The above is general information, not legal advice, and does not create an attorney client relationship.

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