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Marriage to foreign citizen with conditions on green card

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I am in California. My boyfriend has conditions on his green card renewal because his ex-wife stole the notification of the conditions from his mail. When he submitted the paperwork for renewal of his green card, they didn't tell him he had conditions; they accepted his paperwork. Then, he got a letter denying renewal because he didn't submit a certain form to remove the conditions, which he never knew about. His ex-wife (a U.S. citizen) had him thrown in jail on false charges of domestic abuse a couple of years ago. The charges were dismissed after he took the case to trial and subpoenaed her teen-aged daughter to testify that the charges were false and that her mother lied to the police about him hitting her and tried to get her (the daughter) to lie as well. The daughter testified that he never hit her. My boyfriend thinks that the ex-wife may be lying to INS as well and that is why he has conditions. She has physically attacked me a couple of times (I had never even met the woman before the first attack!) and I am in the process of getting a permanent restraining order against her. This coming Monday, the DA is arraigning her for violating the TRO that I have now and for battery against me. She has subpoenaed my boyfriend to testify at the restraining order hearing in September. She is pressuring him to lie in court so that the judge will deny me the permanent order. My boyfriend is afraid that she will have him thrown in jail again on false charges of beating her up (even though he hasn't seen her for months) and that he will then be instantly deported because of his immigration status. He doesn't want to be thrown in jail again, so is thinking of leaving the country before the hearing. Is it possible for me to marry him (I am a native U.S. citizen) with his conditional status? How would we do that? I think he would be protected from arrest on false charges if we were married and that might stabilize his INS status. We have been going together for more than a year and love each other, so marriage was a future option for us anyway. Can I call the INS anyway and tell them what his criminal ex-wife is doing to me so that they will not listen to her lies anymore? I can provide them with all my case documents. Please advise.


david vincent

you may marry your boyfriend and he will get automatic temporary status, and a work permit.
do not have him leave the country as he will not be admitted again.
forget this tit for tat stuff, and send an explanation to the INS about the form you missed.
seek advice from a immigration lawyer if possible.
marriage to a US citizen must not be to secure residence status,- if they think you are marrying on false grounds he will be denied.

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