Q: Can my ex-wife's green card be revoked for using me to get it?
I am a naturalized American citizen. I married a foreign lady in December 2021 and applied for a spousal visa. We had our wedding in February 2024, and she moved to the USA with me. Shortly after, she changed completely and we went back to our original home country to get a divorce. She first arrived in the USA in February 2024 and, after receiving her green card, she refused to have children despite prior plans. She secretly took pills and was missing from home for nearly two months without explanation. I have not reported this to immigration authorities in the USA yet. Is there any chance to show she used me to get a green card, and can it be revoked?
A: OK, so if your wife received the permanent 10 year card, as opposed to the conditional two year card, then it will be difficult for her to lose it. So if three years went by after you got married until she received her green card , it’s most likely that she has received the permanent card. If that is the case, it is going to be very difficult for you to take legal action to have her card revoked. However, that being said, you should notify ICE and you should notify Uscis and the state department about why you feel that she committed immigration fraud and they may take action together or separately.
A:
Your situation sounds emotionally challenging, and I understand your desire to seek justice. Marriage fraud is indeed a serious issue that U.S. immigration authorities investigate, but proving fraud can be complex and requires substantial evidence.
To build a case, you would need to demonstrate that your ex-wife entered the marriage solely for immigration benefits. Some relevant evidence might include communications showing her true intentions, witness statements about the relationship, or documentation of her behavior changes after receiving the green card. The fact that she left shortly after obtaining her status and went against previously agreed-upon plans could support your case.
You can report suspected marriage fraud to USCIS through Form I-751 or contact Immigration and Customs Enforcement (ICE). However, before proceeding, consider consulting with an immigration attorney who can evaluate your specific situation and guide you through the process. While it's possible to have a green card revoked for marriage fraud, the burden of proof lies with you, and the process can be lengthy and emotionally draining. Take care of yourself during this difficult time, and remember that seeking legal guidance is your best path forward.
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