How can I revoke her Greencard?

[VanessaTony 3,567]

Doesn't sound like she's going back to "visit"

No it doesn't. But you post implied if she did just "go back" it would be the end of story. Important factor being, IF she goes back and IF she gives up her GC then no issue. If she doesn't, there's nothing the OP can do unless he has PROOF this marriage was fraud.

[daboyz 36]

You win. I give up.

[Chenkhmer 0]

That is what i am afraid. she can go back home and come back. i agree with u

Not it's not "end of story". If she goes back to Cambodia before her card expires she can still come back. She can still apply for ROC on her own, depends how long she stays away from the US for of course.

[Chenkhmer 0]

What can i say that its a fraud. I saved all of our emails. She told me that what she wrote in the emails are lies.

No it doesn't. But you post implied if she did just "go back" it would be the end of story. Important factor being, IF she goes back and IF she gives up her GC then no issue. If she doesn't, there's nothing the OP can do unless he has PROOF this marriage was fraud.

[Justine+David 218]

If she married you for a green card, why does she want to go back to Cambodia? She's not a "thing" that you can send back...

Edited June 20, 2010 by Justine+David

[SPSguy 18]

Well folks there are always two sides to every story, two lawyers in every court case, two people in every divorce case, and two parties for every immigrant visa.

People seek a GC not because they want or don't want to live in the US, but some people seek a GC for the privilege of entering when they want.

The mere fact that a person from Cambodia wants to return to Cambodia does not mean that person intend to stay permanently in Cambodia. Thus it is possible the marriage started out as a sham and ended up a sham.

On the other side, women in Cambodia typically marry by consensus of their parents while deeply influenced by the better life offerred in America. And it's not just Cambodia, I bet this applies to most countries with low GDPs and third world status. Do women marry for a better life? Of course they do, particularly, if the immigrant comes from poverty or lack of education. And being in America for some is an oppotunity to that better life. I have seen many Cambodian cases where the petitioners in the U.S. make big promises on the quality of life in America, inflate financial earnings and assets, and present a bigger than life picture to the intending immigrant. Of course such bubble will pop in time. It's a tough decision for both sides and I have seen many cases where people have married from a few months to several years with children, yet still end in divorce. This is not fraud, this is poor choices.

Based on my personal observations, I have come to recognize that it isn't so much a case of fraud but more or less a culture shock. Depending on the incoming immigrant's background, it could be a simple case whereby the intending immigrant was not able to properly and timely adapt to the new culture. As a U.S. citizen born in Cambodia myself and current consultant and advisor for companies engaged in development work in Cambodia, I can attest to the fact that many Cambodians whom have lived a major part of their lives in Cambodia seldom get used to the working hours, working ethics, and social order in America. It is difficult to take a person from a country like Cambodia and expect to adapt and adopt the American way of life in such a short time.

This could be a simple case of the petitioner failing to understand the needs of the immigrant, and as much, a possible failure on the immigrant's part to adopt a new culture. But I don't see this as a case of fraud, but a case where both sides having made poor decisions.

Next time know the person you plan to marry more before rushing to get that person a greencard.

[TBoneTX 43,057]

She told me that what she wrote in the emails are lies.

Let's not be so quick to write off the OP's suspicions as vindictiveness or sour grapes. The quoted line here warrants more exploration, and he also said that the wife's sister did the same thing. Elaboration is needed.

[JimVaPhuong 4,863]

What can i say that its a fraud. I saved all of our emails. She told me that what she wrote in the emails are lies.

Unfortunately, from what you've told us so far, this doesn't sound like immigration fraud, though I suppose you could make the case that it's marriage fraud. What the immigration law specifically disallows is "marriage for the purpose of evading immigration law", which means getting married for the express purpose of deriving an immigration benefit. If she got married for practically ANY other reason, including pressure from her parents, then she is not guilty of immigration fraud.

Unless you have concrete evidence that she misrepresented herself to the US government, then there is nothing you can do about her immigration status. That is between her and the US government. What you CAN do is notify USCIS once the divorce is final. If she intends to self-petition to remove conditions and get a 10 year green card, this will force her to file right away. USCIS is compelled to take action to terminate the conditional resident status when they learn about the divorce.

[Chenkhmer 0]

Her sister married a guy from the usa and divorced him after he got her green card for her. Her sister decided not go back.

Let's not be so quick to write off the OP's suspicions as vindictiveness or sour grapes. The quoted line here warrants more exploration, and he also said that the wife's sister did the same thing. Elaboration is needed.

[Chenkhmer 0]

Unfortunately, from what you've told us so far, this doesn't sound like immigration fraud, though I suppose you could make the case that it's marriage fraud. What the immigration law specifically disallows is "marriage for the purpose of evading immigration law", which means getting married for the express purpose of deriving an immigration benefit. If she got married for practically ANY other reason, including pressure from her parents, then she is not guilty of immigration fraud.

Unless you have concrete evidence that she misrepresented herself to the US government, then there is nothing you can do about her immigration status. That is between her and the US government. What you CAN do is notify USCIS once the divorce is final. If she intends to self-petition to remove conditions and get a 10 year green card, this will force her to file right away. USCIS is compelled to take action to terminate the conditional resident status when they learn about the divorce.

Thanks for the tip. I will notify uscis.

Do i just write them a letter?

[JimVaPhuong 4,863]

Thanks for the tip. I will notify uscis.

Do i just write them a letter?

A pending divorce is only relevant to USCIS under certain conditions, such as if she's got an AOS petition pending, or if she's trying to remove conditions and you don't file the I-751 jointly with her. A FINAL divorce is, however, relevant at any point in her conditional residency. At that point, her eligibility for conditional residence ends. Wait until the divorce is final, and then send a copy of the divorce decree to USCIS, along with a cover letter explaining the situation. Be sure to include her alien registration number, and her current address. Your involvement with her immigration status will end at that point.

USCIS is supposed to respond by sending her a letter of intent to begin removal proceedings. If she intends to stay in the US then she is supposed to respond by filing an I-751 to remove conditions, requesting a waiver of the joint filing requirement on the basis of the divorce.

If you do get divorced, and if she does remove conditions on her own, your obligations according to the affidavit of support you signed do not end with the marriage. If she ends up collecting means tested benefits then you could still be stuck with the bill. Something to keep in mind...

[lipslikesugar 0]

if you divorce her, the 10 year GC based ON marriage will NEVER happen!!!!!!!

[Justine+David 218]

^^ not true...

[lipslikesugar 0]

you may not renew a GC that is based on marriage if you aren't married anymore. Simple.

unless you are a victim of domestic violence or your partner died. That's why everyone gets worried about the interview when the officers ask for proof of a legitimate marriage.

[payxibka 10,044]

you may not renew a GC that is based on marriage if you aren't married anymore. Simple.

Not true... it is possible to self petition based on a marriage entered in "good faith".