H. Paul Leyva International, Inc

Can I Take My Husband’s Green Card Away?

“Hell has no fury like a woman scorned.”

I recently read a post on a popular question and answer website that posed the question: “Can I take my husband’s green card away?” It appears that the question was asked by a woman scorned who claimed that “he only married me for the green card” and in an act of revenge she wanted to get her husband’s green card taken away. The paradox was that she also admitted that they were married for nine years and that they had three children together.

In response to this post, some of the answers – apparently by other angry women – included “immediately file for a divorce.” Another answer suggested that by “reporting him to the immigration authorities” he would immediately be stripped of his green card status and subsequently deported. For the most part, this is not true.

Conditional Resident Alien Status (CR1/6)

If a couple was married for less than two years at the time the alien was granted Resident Alien Status, the U.S. Citizenship & Immigration Service (USCIS) will grant the alien a temporary, or Conditional Resident Alien Card. This type of status is valid for only two years and at the end of the two years the couple must jointly file form I-751, Petition to Remove Conditions on Residence (see form at: http://www.uscis.gov/files/form/I-751.pdf ). The premise is that if the couple is no longer together and if the couple does not file this form together, then the alien spouse could lose his immigration status; however, if the couple is still together, they would file form I-751 along with a filing fee of $545.00. This immigration form is also filed with proof of the couples good faith marriage, such as, joint tax returns, children’s birth certificates (if any), banks statements, leases or joint mortgage statements, joint credit cards, driver licenses with the same address, wedding photographs or other family photographs, and so on.

Generally, if the application is properly filed and there is sufficient proof that a legitimate marriage exists, the USCIS will approve the application and send the alien a new upgraded Permanent Resident Alien Card.

What if the couple separates, or gets divorced, before the I-751 is filed?

This issue causes a lot of confusion. If the couple separates, or gets divorced, before the two year expiration of the Conditional Resident Alien Card, this does not automatically bar the alien from receiving his Permanent Resident Alien Card. For instance, on the actual I-751 form there are waivers that actually allow the alien to obtain Permanent Resident Status on his own. Box “d. I entered into the marriage in good faith, but the marriage was terminated through divorce or annulment,” allows the divorced alien to file the application by himself. No signature, or assent, from the U.S. Citizen spouse is required. The applicant will include the divorce decree, or marriage annulment, and proof that – while married – a bona fide marriage existed. If the USCIS is satisfied that a legitimate marriage existed, the alien will be approved and receive a new upgraded Permanent Resident Alien Card.

Box “e. I am a conditional resident spouse who entered a marriage in good faith, and during the marriage I was battered by or was the subject of extreme cruelty by my U.S. citizen or permanent resident spouse or parent.” is another manner which allows the alien spouse to file the I-751 alone. Women who are battered or subject to extreme cruelty at the hands of a U.S. Citizen husband can also receive a waiver. Form I-751 is filed by the alien wife, and under this scenario, it does not require the signature, or assent, from the U.S. Citizen husband. It is sent with evidence of the physical or extreme cruelty (e.g. police reports, orders of protection, medical records, etc). And if the evidence is compelling, then she can be granted Permanent Resident Alien Status.

What if the couple separates, or divorces, after the alien received the Permanent Resident Alien Card?

Unless there is compelling evidence to prove that the marriage was entered into for the sole purpose of receiving an immigration benefit (i.e. marriage fraud), there is little a U.S. Citizen spouse can do. In the example above, the couple was married for nine years and they had three children together; this actually proves that the couple did indeed live together in a good faith marriage. Also, consider that if the U.S. Citizen wife claims that the marriage was fraudulent and reports this to the USCIS, the alien has rights too. The alien can hire an immigration attorney and demand a hearing before an immigration judge to prove that the marriage was indeed legitimate.

There is no doubt that there are some bad apples – whether they are a man or a woman – and if culpable should be stripped of their immigration status and subsequently deported; however, for the woman scorned who is only seeking revenge, be mindful that if there are children involved please consider their needs and their potential hardships if their alien father loses his immigration status.

H. Paul Leyva is the Director of H. Paul Leyva International, Inc, Immigration Service Providers. This article is for educational and entertainment purposes only and shall not be construed as providing legal advice. If you have legal concerns you should consult with an immigration attorney.

H. Paul Leyva International, Inc

Friday, May 28, 2010

Can I take my husband's green card away?

Thursday, May 27, 2010

H. Paul Leyva International, Inc