What can I do if an immigrant is neglecting his marriage to me? 3 Answers as of February 23, 2011

I am married with two children to a Nigerian man. My husband was approved a green card in 2000. Since that time he has been claiming to do business and work in Nigeria leaving me with the kids and bills. I found out he is married with a 7 year old son in Nigeria and has not returned home nor has he paid child support to his ex wife and refuses to divorce me because of his green card status. He has lived in Nigeria for 10 years and has been out of the country more than 2-3 years at a time and is still allowed back in the US to shop and take things back to his home in Nigeria without even seeing me or his kids. Can his green card be revoked and he not allowed back in the US. What can I do to as far as child support? What about bills he left me with and divorce? I want his travels to the US stopped. Several reports against him were made and nothing has happened to him. He is currently back in the US and did not even bother to see me or his children but is using our marriage to continue in the states.

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Theresa E. Tilton, Attorney at Law
Theresa E. Tilton, Attorney at Law | Theresa E. Tilton
You could report him to Department of Homeland Security for using a green card even though he is not a bona fide US resident.

If his Nigerian marriage is earlier than his marriage to you, then your marriage might not be valid, and his applications for the green card might be fraudulent. Report him to the USCIS for immigration fraud, then petition your state court to get your marriage annulled.

If you think that his Nigerian marriage began after his marriage to you, then your remedy is divorce. You do not need his permission to divorce him. You apply for divorce in your state's courts.

Naturally, if you divorce him, you may never see any support for your children. That seems to be the case already. Check your local Department of Child Support Enforcement for help.

Once the permanent green card is granted, the petitioning US citizen spouse loses any control over the alien's residence.
Answer Applies to: Washington
Replied: 2/23/2011
William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
Get a divorce.
Answer Applies to: Tennessee
Replied: 2/22/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
I am sorry to hear your ordeal. Does he have a conditioned green card? In other word, have you applied to remove the restriction? If you have, you should contact ice to report him.
Answer Applies to: Florida
Replied: 2/22/2011
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