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Results 1 to 7 of 7

Thread: creatuion of lawful permanent resident

  1. #1
    ...the alien husband received his "creation of
    record of lawful permanent residence" based
    on his marriage. now, he seems to be very
    ugly towards the wife....not staying at home,
    girlfriend...and totally ignoring the marriage
    contract....which says he married for the green card...so what happends if the wife...withdraws
    the affidavit of support...and all documents....
    ..he soon will get new permanent resident card....
    any comments on this?

  2. #2
    ...the alien husband received his "creation of
    record of lawful permanent residence" based
    on his marriage. now, he seems to be very
    ugly towards the wife....not staying at home,
    girlfriend...and totally ignoring the marriage
    contract....which says he married for the green card...so what happends if the wife...withdraws
    the affidavit of support...and all documents....
    ..he soon will get new permanent resident card....
    any comments on this?

  3. #3
    First, if the marriage contract explicitly says the marriage was entered into to obtain an immigration benefit such as permanent residence in the U.S., then that is immigration fraud and the marriage based permanent residence may be rescinded by CIS, since the marriage was entered to for immigration purposes, even if that was not the only reason for marriage. In addition, the U.S. does not recognize foreign marriage contracts. As such, any marriage contract would not be enforceable in the U.S.

    As to the affidavit of support, please read the instructions on the I-864. You will see that the obligation to support the alien spouse does not cease with a divorce.

    Personally, my opinion in cases such as this is that the affected spouse (i.e., the one being cheated on, etc.) should get a divorce or a legal separation.

  4. #4
    I thought that he/she meant that it appeared that person married for gc because of he/she disregarding vows of marriage as soon as PR was received....

  5. #5
    NYClammParalegal:
    1. A marriage performed in any foreign Country is acceptable,in United States provided that marriage is recognized in that country of marriage. Please refer to visa fam.
    US do recognize foreign marriages, performed in all Asian, country.
    2. I know a USC born, educated here, she got married in Bahrain to an Arab boy, you think that marriage contract/certificate is not enforceable in US. I think you should check the law again, I might be wrong.

  6. #6
    The marriage was here in the US.....

  7. #7
    Nireehamdi

    We have gone over this countless times before, even this same scenario with your friend about this.

    YOU cannot withdraw an APPROVED petion. He and spouse have been to the interview and passed. Unless the petiton has not yet been approved can she withdraw sponsership and AOS.

    The only way an approved petition can be withdrawn in this case was to prove fraud. And fraud I mean "hardcore" evidence. ie. admission of marriage for gc, verbal/written to further support the other allegations u describe.

    The circumstances you describe more or less constitute a less than bonafide marriage. A letter written to USCIS with his A# will go into his file if you send it to local office and SErvice center. If his file would come up for review in the future. you will have protected your interest that the fraud was unilateral. (one sided)

    Now it would seem that divorce is probably in order here if this is what you truly believe and since he has girlfriend.

    Now this is just a conditional gc. the conditions still have to be removed to become the 10yrs card. If a divorce takes place he will have to remove the conditons by himself, and will probably be difficult to prove bonafide marriage based on what you say.

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