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Junior Member
What is the name of your state? NY

This is pretty long but I've been through hell and back. I am a US Citizen and married an immigrant who had came here and overstayed his visa. In less than a year I came across some supicisous documents and it became very apparent that was/is using fake SS#'s and birthcertificates. My husband eventually confessed to me that he only married me to obtain his GC. In any case, I withdrew my application and filed for a divorce (under cruel and inhumane treatment) 10 months into the marriage and before the first interview. You see, after I had found out about all his fraudulent activities he became very abusive in his last attempt to make me stay married to him. I really didn't know his true identity. He became so aggressive that I had to temporaily stay in a shelter for battered women.

Along with my withdrawal lette,r I also sent police reports, a copy of the order of protection and the summons and complaint to the divorce, etc. when I first initiated the divorce. I received a notice to appear for the first interview, but later received a notice in the mail that it was cancelled. I also received a letter in my mailbox from immirgation titled "Notice of Withdrawal". It stated that the case is considered withdrawn and that my husband may be eligible for voluntary departure and that there is no appeal, etc. I also received a letter from USCIS acknowledging "my" withdrawal. I really had to report his fraudulent activities to immigration because he confiscated some of my important documents.

My question is:

Just recently, the divorce proceeding was dismissed because my husband claimed he was not served properly, so I had him re-served again, right away. In my second filing of the divorce, my husband's attorney responded stating that no "he" was abused. So he is claiming cruel and inhumane treatment. Can he still obtain his GC through me after I have withdrawn my application? Not sure why he's doing this and/or avoiding the divorce. I know that some immigrants use this excuse fraudently to obtain citenzenship. The good news is that I did report his fraudulent activies to immigration and immigration did mention that he is out of status.


If HE is the battered spouse he might still be able to get a GreenCard, however, if your evidence is enough to show he was fraudulent from the beginning, there's little chance he will be able to. Probably his last resort to attempt to get a GC by making these statements through his lawyer.

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