Can my husband still get a green card if I divorce him? 5 Answers as of July 28, 2011I'm a US citizen and my husband is here with conditional green card which expires on JAN 2013. He is abusive. I'm getting a divorce. I only have police report to sent to INS. Now he won't sign the divorce papers unless he get A the green card. I don't want him get the GC. Do I report him to ICE OR INS.
Fong & Associates | William D. Fong
He already has a green card. If he can prove up the bona fides of the marriage, he can get his 10-year card without your assistance. You can provide the arrest report and evidence of his coercion of you to obtain the divorce. If it is in his file, he will need to explain that at his removal of conditions interview.
Answer Applies to: Texas
Theresa E. Tilton, Attorney at Law | Theresa E. Tilton
As the American citizen petitioner, it is your right to withdraw your petition for your husband's green card. Send a letter to USCIS, referencing your petition for his green card, and ask for your petition to be withdrawn. When your marriage is no longer intact for the two-year interview, the burden will be on your husband to demonstrate his good faith in marrying you. You do not need his permission or signature to divorce him. You need to consult a lawyer with experience in family law.
Answer Applies to: Washington
Christian Schmidt, Attorney at Law | Christian Schmidt
His right to stay in the U.S. will automatically expire in January 2013. For him to extend his status, he must file an application to have the condition on his residence removed. This application is normally filed jointly if one is still married. If you are separated, he must be divorced to file the application by himself and demonstrate that you married in good faith. However, he cannot file the application if he is not formally divorced. Thus, he only harms his chances to remain in the U.S. if he refuses to participate in the divorce. He will automatically be deportable in January 2013 if he is not divorced.
Answer Applies to: California
Law Office of Immigration & International Trade Law | Linda Liang
If you don't sign the form, he won't get his green card unless he has proof you are abusive to him. If you are not, then he will be out of status. Remember, if you lie to the USCIS, there will be criminal consequence to fraud in immigration!
Answer Applies to: Florida