What can I do to get my green card back? 4 Answers as of January 10, 2011I am USA citizen. I got married on 28th November 2008. My husband and I are origin from India. He was on student visa in France. I put my husband's file on I 130. My husband got CR1 visa on July 9th 2010. Then He came to USA on 13th October 2010 and went back to France on Oct 26th 2010. After he went back to France , His student visa got cancelled. Then he has to go to India to get the visa for France. At that time I got his CR1 green card in the mail from USCIS. My husband asked me to give him Green Card because of his France Visa paper work. I sent him Green card through mail to France. Currently he is in India. But now he want divorce after he got Green card in his hand. He does not want to come to USA. Not sure how to handle this situation. Not sure where to go now? Please advise.
Feldman Feldman & Associates, PC | Lynne Feldman
If you feel that a divorce is the best option for you, then consult a family law attorney to get this started for you. With regard to your husband's immigration status he has a two year green card which will expire unless you jointly petition for him or he can show he is divorced, residing in the U.S. and that the original marriage was entered into in good faith. A high standard. If he doesn't want to return to the U.S. his card will just expire anyway so nothing for you to worry about.
Answer Applies to: California
Law Office of Immigration & International Trade Law | Linda Liang
Sorry that you have to go through this. Essentially it is not your green card. It is his. However, if you don't co-sign the form to lift the restriction of his green card, the green card will expire in 2 years. If you divorce him, he will be seen as having abandoned the green card.
Answer Applies to: Florida