can he revoke his wifes GC

[zeeshan123 1]

an old friend of mine is in trouble, i am posting this;

i am married for 4 yrs.my wife got her ir1 visa last year and came to US without informing me and never contacted me. i received her green card-10yr on my address. she has not given me her address or phone no. i ve emailed her several times. but she has replied that she is busy looking for job. we had issues and fights like normal couple but she is acting strangely after getting visa.she was school teacher back in india.

i want to revoke her GC now. is it possible? what proof i would need to do this?

thank you for your answer in advance.

[zeeshan123 1]

anyone please

[colours 3]

zeeshan123 - Sorry to hear about your case. That's very unfortunate. There are a few things about your case that are not clear or don't make sense. During these 4 years of marriage were you living together? Are you a GC holder or USC? How did your wife get a 10 year permanent GC before a conditional 2 year GC? As you can see there are a lot of things that don't make sense here. If you are saying that she got her 10 year GC then unfortunately you cannot do much at this point and if you filed sponser papers for her then you are also liable for the next 10 years to support her. So if she decides to claim support from you she will be able to do so and you will be liable for it. Sorry to break the bad news. Perhaps someone else can chime and give you more info. Good Luck!

[JimVaPhuong 4,863]

an old friend of mine is in trouble, i am posting this;

i am married for 4 yrs.my wife got her ir1 visa last year and came to US without informing me and never contacted me. i received her green card-10yr on my address. she has not given me her address or phone no. i ve emailed her several times. but she has replied that she is busy looking for job. we had issues and fights like normal couple but she is acting strangely after getting visa.she was school teacher back in india.

i want to revoke her GC now. is it possible? what proof i would need to do this?

thank you for your answer in advance.

Her 10 year green card has been issued. Her marital status is no longer relevant to her immigration status. However, the affidavit of support will remain for some time to come - potentially, for the rest of her life. There is nothing he can do to have her green card revoked, unless he can prove that fraud was used to obtain it. He also cannot legally withhold her green card from her, though she is legally obligated to notify USCIS of her current address.

The situation really sucks, but it does happen, unfortunately.

[JimVaPhuong 4,863]

zeeshan123 - Sorry to hear about your case. That's very unfortunate. There are a few things about your case that are not clear or don't make sense. During these 4 years of marriage were you living together? Are you a GC holder or USC? How did your wife get a 10 year permanent GC before a conditional 2 year GC? As you can see there are a lot of things that don't make sense here. If you are saying that she got her 10 year GC then unfortunately you cannot do much at this point and if you filed sponser papers for her then you are also liable for the next 10 years to support her. So if she decides to claim support from you she will be able to do so and you will be liable for it. Sorry to break the bad news. Perhaps someone else can chime and give you more info. Good Luck!

Read the OP's post a little more closely. He's posting for a friend of his - he is neither the US citizen nor the immigrant in this particular matter.

His friend's wife came on an IR1 visa, which means they were married for at least two years at the time the visa was issued. She would receive a 10 year green card upon entry, and not a 2 year conditional green card.

[zeeshan123 1]

thank you all for your response. i am posting this for a friend of mine(he is internet buddy)

they were married for 4 yrs and his wife stayed in india during this time while he was in US. her visa was approved last year.

and during their marriage she gave no indication that she ll do this and will leave him without

notice..

i would appreciate any more responses.

[Penguin_ie 5,985]

As others have said, there is nothing your friend can do immigration wise; there was a 4 year marriage, 2 years at least before the visa , so fraud would be very very difficult to proof. The best thing to do is divorce and get on with his life.

[Brother Hesekiel 2,235]

Jim is correct, as usual. Also, tell your friend that opening mail not addressed to him (but to his wife) can have serious legal consequences. He has to hand the Green Card to his wife and then hope she doesn't make a big deal out of this. If he withholds her card, the fist of Justicia may hit him right in the face.

[LIFE'SJOURNEY 970]

He can always return the mail back to sender, "stating Receiver does not reside at this address". Then he can let immigration handle it from there. By the way a GC of any magnitude can be revoked, if immigration feels the card was obtained under false pretenses.

[justashooter 430]

He can always return the mail back to sender, "stating Receiver does not reside at this address". Then he can let immigration handle it from there. By the way a GC of any magnitude can be revoked, if immigration feels the card was obtained under false pretenses.

there is a presumption that this woman entered on basis of the marriage and intent to pursue it, despite the fact that it is a 10 year card.

the fellow in question should send the card back to the issuing agency with a cover letter indicating that the marriage did exist legally, but was not cohabitive, and that she does not live with him and has not since (whatever date). he should indicate that he was not involved in the process of obtaining the card (how could this be? he needs to provide sponsorship documents for her to get the visa). he should report that he was not told of her intent to immigrate, nor has she contacted him since her arrival, preferring to live at a different address. USCIS will sort this one out, and possibly determine that she entered fraudulently, especially if he did not provide the docs as required in the following guide:

http://www.visajourney.com/content/i130guide1

if she falsified one step of the process it is fraud, plain and simple.

if your buddy did provide the docs, he has less ground to stand on. this process is lengthy and full of opportunity for him to shut it down. if he failed to do so and still wants her out of here he should see a very good immigration attourney. this being an indian case, i would suggest he take the issue to rajiv's forum, immigrate2us.net

[summersurf 10]

Its totally ODD!!! how could he married for 4 years and didnt even have a single clue about his wife coming to the US? What about when she was applying for the CR1? he must be involved in the process for sure, right? right? And she arrived in the US and never ever contacted him?? How in the world he DID NOT KNOW IT??!!! Doesn't husband and wife ALWAYS have to comunicate?? Oh my!! i'm very very sorry for your friend situation, the experienced members would give the answers he needs, i just dropped by to say im sorry to hear this happenned to him.

Edited April 24, 2010 by summersurf

[zeeshan123 1]

I ve been talking to my friend and latest development in this case is

my wife got her ir1 visa last year and came to US without informing me

and never contacted me. I received her green card-10yr on my address.

she has not given me her address or phone no. I ve emailed her several

times. but she has replied that she is busy looking for job. we had

issues and fights like normal couple but she is acting strangely after

getting visa.

now I came to know that she went back to india after staying in US for

3 mnths and she is In india for last 2 mnths. and she plans to come to

US in june. can I stop her from entering US? She commited a fraud and

shud be punished.(unfortunately i dont have any emails to prove

fraud).

thanksfor all advise in advance

[Deputy Purple 1,294]

No he can't.

[Bernie C 24]

Without her green card how is she planning on entering the US? Has she applied for and been granted a visitor visa?

Be very careful what you do with her green card. It is not yours and if you tamper with it you are commiting a federal offense.

Maybe you should write a letter and mail it back to the USCIS at the address that issued it stating that she has never resided with you, does not intend to and is not present in the US.

I'm not to familiar with the IR visa though.

[zeeshan123 1]

we r not very sure but she applied for replacement green card before leaving.

besides she must have stamp in her passport that is good for a year.