When we divorce, can I take away her temporary residency? 3 Answers as of December 06, 2013

My wife and I got married April 2012. She was very insistent on me helping her become a resident because she wanted to have kids and wanted to work to help me provide for our future family. We have gone through the process and she will be receiving her green card soon. She is now saying that she is unhappy and doesn't know how much longer we will last. She has been threatening to divorce me. I found out she has been cheating. I believe she only married me to get papers but I have no proof but her actions. What can I do? I have loaned her about $5,000. We both agreed it was a loan. If she doesn't pay back, can I sue her being my wife?

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Law Offices of Linda Rose Fessler | Linda Fessler
Yes, you can stop her from getting the green card. Be sure to notify them immediately. The funds that you lent her were probably community funds. So I doubt that you can get the money back unless you have a written document.
Answer Applies to: California
Replied: 12/6/2013
Law Office of Eric Fisher | Eric Fisher
Did you already have an interview with USCIS? If so, were you represented by an attorney? That attorney should advise you and your wife of the consequences of fraud before USCIS. If neither you or your wife had an attorney, you should retain one.
Answer Applies to: Colorado
Replied: 12/6/2013
Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
You can notify USCIS or ICE if you believe she married solely to obtain immigration benefits. They can choose to investigate. If she has not already received her green card, you can withdraw the petition you filed. As for the loan, you may be able to sue her but it will depend upon what evidence you have to show it was a loan.
Answer Applies to: New York
Replied: 12/6/2013
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