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01-16-2006, 07:06 PM
| | Junior Member | | Join Date: Jan 2006
Posts: 1
| | | divorce, annulment and a new green card holder
What is the name of your state?
Kentucky...I am interested in knowing weather my Australian husband who gained a green card due to marriage less than a year ago would still be my responsibility if we divorce or annul. Will he loose his green card status if an annulment proves fraud and misrepresentation. If we simply divorce will he be free to remain in the US> |
01-16-2006, 07:42 PM
| | Senior Member | | Join Date: Nov 2005
Posts: 4,253
| | Quote: |
Originally Posted by tdm What is the name of your state?
Kentucky...I am interested in knowing weather my Australian husband who gained a green card due to marriage less than a year ago would still be my responsibility if we divorce or annul. Will he loose his green card status if an annulment proves fraud and misrepresentation.
Yes. IF he committed fraud to gain entry into the US and it can be proven.
If we simply divorce will he be free to remain in the US> | Depends on the USCIS.
His status is "conditional" for two years following the issuance of the green card.
He will need to file I-751 three months prior to the anniversary his conditional status expires to remove it. If he fails to do so, the USCIS will automatically start deportation proceedings against him.
You are financially responsible to the government for him. |
02-16-2006, 11:12 AM
| | Junior Member | | Join Date: Feb 2006
Posts: 3
| |  Texas - Green Card holder's two years probation
Does the two years probation apply even if the green card holder has a green card that is valid for 10 years? Also, at the two year "mark" will the Immigration (formally INS) department request another husband & wife appointment (even though the green card is valid for 10years)? |
02-16-2006, 09:09 PM
| | Senior Member | | Join Date: Mar 2004
Posts: 4,259
| | Quote: |
Originally Posted by howardjltx Does the two years probation apply even if the green card holder has a green card that is valid for 10 years? Also, at the two year "mark" will the Immigration (formally INS) department request another husband & wife appointment (even though the green card is valid for 10years)? | If you married in the US and he got his Green Card less than a year ago BY that marriage, there is no way he was granted a 10 year Green Card. If he has a 10 year Green Card he obviously did not obtain it by your marriage in the US such a short time ago.
What visa did he enter the US on? Was he married to a USC previously before marrying you? |
02-21-2006, 12:12 PM
| | Junior Member | | Join Date: Feb 2006
Posts: 3
| | | does have 10yr green card
Quote: |
Originally Posted by AHA If you married in the US and he got his Green Card less than a year ago BY that marriage, there is no way he was granted a 10 year Green Card. If he has a 10 year Green Card he obviously did not obtain it by your marriage in the US such a short time ago.
What visa did he enter the US on? Was he married to a USC previously before marrying you? | Never married before and there is no other qualifications for green card except by marriage:
I am US citizen, requested the Fiancée’ Visa with entry into US on May 2001
Married in August 2001, (filed Adjust of Status in Sept/Oct 2001)
husband and wife interview in late 2003
Received 10 year green card in July 2004 (states good till Aug 2014) |
02-21-2006, 03:30 PM
| | Senior Member | | Join Date: Mar 2004
Posts: 4,259
| | Quote: |
Originally Posted by howardjltx Never married before and there is no other qualifications for green card except by marriage:
I am US citizen, requested the Fiancée’ Visa with entry into US on May 2001
Married in August 2001, (filed Adjust of Status in Sept/Oct 2001)
husband and wife interview in late 2003
Received 10 year green card in July 2004 (states good till Aug 2014) | OK, that clears up why he has a 10 year card. |
02-21-2006, 04:48 PM
| | Senior Member | | Join Date: Nov 2005
Posts: 4,253
| | Quote: |
Originally Posted by howardjltx Never married before and there is no other qualifications for green card except by marriage:
I am US citizen, requested the Fiancée’ Visa with entry into US on May 2001
Married in August 2001, (filed Adjust of Status in Sept/Oct 2001)
husband and wife interview in late 2003
Received 10 year green card in July 2004 (states good till Aug 2014) | There would need to be some convincing evidence that he committed fraud in the marriage at this point other than your vindictive say so.
But, yes, he will get the boot if he committed fraud to gain entry to the US. |
02-21-2006, 05:04 PM
| | Member | | Join Date: Nov 2005
Posts: 923
| | | Hehe you guys realize that the second question did not come from the original poster right? |
02-21-2006, 05:11 PM
| | Senior Member | | Join Date: Mar 2004
Posts: 4,259
| | Quote: |
Originally Posted by Ithildriel Hehe you guys realize that the second question did not come from the original poster right? | No, again, I overestimated people here to have the decency to not threadjack, but I was fooled. Should have known not to expect brain activity.  |
02-21-2006, 06:45 PM
| | Junior Member | | Join Date: Feb 2006
Posts: 3
| | | my bad......
I'm new to the forum and just was curious when I asked the question. I see I should have posted a new question, but I am having difficulty manuvering around this website....I will remember this next time |
02-21-2006, 07:51 PM
| | Senior Member | | Join Date: Nov 2005
Posts: 4,253
| | Quote: |
Originally Posted by AHA No, again, I overestimated people here to have the decency to not threadjack, but I was fooled. Should have known not to expect brain activity. | Jackasses with active brains are the worst kind.  | |
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