Divorce after conditional green card issue?

Question

My friend's husband recently left her. He was from a foreign country and she's a US citizen.

He convinced her that he loved her, married her, and stayed with her for 2 years during which time he had his conditional green card. Then they filed the paperwork to remove the conditional part and he received his real green card, the permanent one, after about 3 years of marriage. The whole time he acted like he cared for her and that he really wanted to be married. They even had a baby in that 3 year time.

Immediately after the conditional part was removed from his green card, his personality completely changed and after several bitter fights, he left her. The timing seemed so weird to me. He gets his green card, fights with his wife everyday, and then just leaves her, all within a few months. Now, any communication is done through a lawyer.

I feel that my friend was defrauded and that her husband only wanted a green card. Is there anything she can do about it?

Answer 1

Nothing you, she or anyone can do and that was the case even before he got the conditions removed from the green card.

Once he got his conditional green card, he became a permanent resident of the United States and he will remain so until an immigration judge rules otherwise.

Besides, it is hard to claim fraud when a couple have been together X amount of years, married for three of them, have a child together, live together and probably have joint bank accounts, lease or mortgage agreements, life and/or health insurance and the bills are joint.

Perhaps it just didn't work out and the timing was nothing more than a mere coincidence, because the truth is that he could have left her and got divorced the moment he got the conditional green card and then filed to have those conditions removed on his own and by getting divorced he wouldn't have had to wait the two-years to file either, he could have filed as soon as the divorce was finalized.

Either-way, there is nothing you, she or anyone can do.

Answer 2

There is not a thing that she can do, if he left her before the conditions were removed it would be a different story, he obvioulsy knew what he was doing! Such a shame that a child also had to suffer, they are better off without him.  However, your friend is responsible for him financially for 10 years from the date of the original filing.... that is the most concerning part, I am not sure if there is anything she can do about that, give immigration a call and check.  Make sure she gets him for child support!

Answer 3

Unfortunately, if he has the real thing, I don't think she can do anything about the fraud.   I'm sure INS gets these kind of complaints everyday from brokenhearted citizens who married a scammer, and frankly, its not their priority after the "case has been closed."

Since she is the financial sponser, she can be liable for any benefits/welfare that he collects, and just have her be prepared for that.  The financial part is what is the most worrisome.  

Other than that, the only legal recourse is to divorce him.  But she won't be free of her sponsership to him.  But at least the divorce frees her from her crappy marriage and she'll be free to wed someone else.

Best of luck to your friend.  Your friend's case, unfortunately, happens to so many people.

Answer 4

Your friend will need to provide proof that it was fraud which most likely there isn't any.

Answer 5

Not really.  When I practiced Immigration Law, this rarely happened but it happened.  INS never cared once the conditions were lifted.  She's probably better off with him gone.