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nitrous_guy

Is this possible?

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Filed: Timeline

A close friend of mine, recently got his conditional GC.

They are going through some rough time, and his wife keeps on telling him, whenever they fight, that at any time, she can have his conditional GC cancelled and have him sent back home.

Her family even tried forcefully taking his GC away from him, and destroying it.

Is this true? Can she/they do that?

Thanks

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Filed: Lift. Cond. (apr) Country: China
Timeline

~Moved from ROC Discussion to Effects of Major Family Changes on Immigration Benefits Forum~

~Similar topics are often discussed at this forum~


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

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No they cannot take away his green card or have it cancelled and send him home. Only the government can do that. Physically taking it away would be theft, the same as if they took anything else he owned away from him.


K1 from the Philippines
Arrival : 2011-09-08
Married : 2011-10-15
AOS
Date Card Received : 2012-07-13
EAD
Date Card Received : 2012-02-04

Sent ROC : 4-1-2014
Noa1 : 4-2-2014
Bio Complete : 4-18-2014
Approved : 6-24-2014

N-400 sent 2-13-2016
Bio Complete 3-14-2016
Interview
Oath Taking

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Filed: Timeline

No they cannot take away his green card or have it cancelled and send him home. Only the government can do that. Physically taking it away would be theft, the same as if they took anything else he owned away from him.

Thanks, which also reminds me, he did also mention that they threaten to call the USCIS to cancel his card, they say they know all the rules about immigration.

Poor guy, he is stressing out.

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Filed: AOS (apr) Country: Philippines
Timeline

Thanks, which also reminds me, he did also mention that they threaten to call the USCIS to cancel his card, they say they know all the rules about immigration.

Poor guy, he is stressing out.

Please tell your friend that they can't do anything about his GC and that taking it and destroying might be a criminal act as it is destroying a federal identification document. If he no longer has it in his possession and he can't get it back, he can report it stolen and request a new one.

Unless he commits crimes (including assault and domestic violence) his status LPR status should be protected and there is nothing that the USC can do to change it, even calling USCIS.

He should take appropriate steps to protect himself. He also needs to file for Removal of Conditions within 90 days of his conditional GC expiration.


K-1 Visa

**AOS**

09/03/2014 AOS packet (I-485, I-765, I-131) delivered to Chicago lockbox

09/08/2014 NOA1 received for AOS, EAD, AP

10/01/2014 Biometrics

11/04/2014 I-485: Status changed to Testing and Interview

11/12/2014 EAD & AP Approved, combo card in production

11/22/2014 EAD/AP Combo card received

02/04/2015 AOS Interview - approved! Card in production

02/12/2015 Card received!

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Filed: Timeline

Unless I'm mistaken, the GC is technically the property of the US Government anyway.

Obviously there's an open question - why are they still together? Although as someone who just got out of a marriage that involved constant fighting, I can understand. Hope springs eternal.

He will eventually have to show that he entered the marriage with a good faith intention to establish a bona fide marital relationship. He should review the ROC process and begin to collect evidence, and perhaps also document the ongoing conflict in the marriage to show that it's consistent with marital bona fides.

There was no mention of how long they've been married. If he just got his GC, probably not very long. So, for example, if USCIS eventually wants to know why their finances weren't comingled, he would want to show that the conflict started before they even had a chance to set up joint accounts. If they only lived together a short time, he would want to document that she asked or forced him to leave. Remember, her intentions don't matter, his do.

I haven't mentioned this before on this board, but he might want to find the feature on his cell phone that permits him to make recordings. He should be sure that the state he lives in permits one-party consent (i.e. if you are a party to a conversation, you can record it without consent of the other party). If a fight starts and he can turn on the recording feature without her knowing, he might get a contemporaneous record of the conflict that would justify his having to bail on the marriage, even though he entered in good faith.

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Filed: Timeline

Unless I'm mistaken, the GC is technically the property of the US Government anyway.

Obviously there's an open question - why are they still together? Although as someone who just got out of a marriage that involved constant fighting, I can understand. Hope springs eternal.

He will eventually have to show that he entered the marriage with a good faith intention to establish a bona fide marital relationship. He should review the ROC process and begin to collect evidence, and perhaps also document the ongoing conflict in the marriage to show that it's consistent with marital bona fides.

There was no mention of how long they've been married. If he just got his GC, probably not very long. So, for example, if USCIS eventually wants to know why their finances weren't comingled, he would want to show that the conflict started before they even had a chance to set up joint accounts. If they only lived together a short time, he would want to document that she asked or forced him to leave. Remember, her intentions don't matter, his do.

I haven't mentioned this before on this board, but he might want to find the feature on his cell phone that permits him to make recordings. He should be sure that the state he lives in permits one-party consent (i.e. if you are a party to a conversation, you can record it without consent of the other party). If a fight starts and he can turn on the recording feature without her knowing, he might get a contemporaneous record of the conflict that would justify his having to bail on the marriage, even though he entered in good faith.

AFAIK, they have joint accounts etc.

They have been married for almost a year now. I dunno what the main reason they fight is, but from what I gather, they both seem to be on different levels in regards to their lives and their expectations.

She actually threatened him to have a child with her, or she would leave. Another issue is, from what he tells me is, she is always comparing her life with her friends, about how are living happily etc, but my mate was like, that she is only seeing the small picture. She is easily influenced by her firends and people around her.

Finances have always been co-mingled, even though she has her own account, and her salary goes into her OWN account, whereas her husband's salary goes into their JOINT account.

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AFAIK, they have joint accounts etc.

They have been married for almost a year now. I dunno what the main reason they fight is, but from what I gather, they both seem to be on different levels in regards to their lives and their expectations.

She actually threatened him to have a child with her, or she would leave. Another issue is, from what he tells me is, she is always comparing her life with her friends, about how are living happily etc, but my mate was like, that she is only seeing the small picture. She is easily influenced by her firends and people around her.

Finances have always been co-mingled, even though she has her own account, and her salary goes into her OWN account, whereas her husband's salary goes into their JOINT account.

That's the problem right there. Some immigrants just don't get it. In America most married couples have joint accounts. Often times I hear about immigrants wanting to put all of "their" money into "their" own account so they can send money home, whatever amount, whenever they want... This of course is a problem as most Americans are not all millionaitres like they think and most married couples in the USA work and pay the bills together out of necessity.

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Filed: Timeline

That's the problem right there. Some immigrants just don't get it. In America most married couples have joint accounts. Often times I hear about immigrants wanting to put all of "their" money into "their" own account so they can send money home, whatever amount, whenever they want... This of course is a problem as most Americans are not all millionaitres like they think and most married couples in the USA work and pay the bills together out of necessity.

The beneficiary has a joint account with his USC citizen spouse but not vice versa :/

So you are blaming the beneficiary for having a joint account with his wife, but the wife doesn't?

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Filed: Citizen (apr) Country: Iran
Timeline

Money is one of the biggest issues that leads to divorce. They both must sit down and agree on how the finances will be handled. In my household, due to having been burned badly by my first spouse, we have separate accounts and we split the bills. Some families, such as my parents, shared an account with all the bills coming out of it but my mother had her own account with her "pin money" in it. No one can tell the OP the right way to deal with this issue.

As for the green card, it is yours. Your wife can not have you deported, only the US government can do that. If the marriage is not working out I suggest he make plans to continue his life in the US without the wife.

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A close friend of mine, recently got his conditional GC.

They are going through some rough time, and his wife keeps on telling him, whenever they fight, that at any time, she can have his conditional GC cancelled and have him sent back home.

Her family even tried forcefully taking his GC away from him, and destroying it.

Is this true? Can she/they do that?

Thanks

First and foremost.. marriage is marriage. immigration is immigration.

Taking someone's property and destroying it is illegal and falls under criminal code. Green card is U.S. Govt. Property and one can't destroy it. It's illegal. It can be lost, stolen or returned to the Govt.

If your friend is having marital issues, that needs to be resolved first. Immigration is secondary. Unless, of course immigration is the reason for the marriage or plays a bigger role in the immigrant's life. Let me ask you what would your friend do if he was in his country and was facing similar odds? He would have sought counselling and if things did not work out, he would have simply left as there are no children involved.

Being in a foreign country makes it hard to take the second step. But, it's really the only step to take if things do not work out. As a backup plan, he should find out avenues in his own home country.

A close friend of mine, recently got his conditional GC.

Could that lad be ye? :)

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Filed: Timeline

First and foremost.. marriage is marriage. immigration is immigration.

Taking someone's property and destroying it is illegal and falls under criminal code. Green card is U.S. Govt. Property and one can't destroy it. It's illegal. It can be lost, stolen or returned to the Govt.

If your friend is having marital issues, that needs to be resolved first. Immigration is secondary. Unless, of course immigration is the reason for the marriage or plays a bigger role in the immigrant's life. Let me ask you what would your friend do if he was in his country and was facing similar odds? He would have sought counselling and if things did not work out, he would have simply left as there are no children involved.

Being in a foreign country makes it hard to take the second step. But, it's really the only step to take if things do not work out. As a backup plan, he should find out avenues in his own home country.

Could that lad be ye? :)

No worries, thanks for the information.

I think they have tried seeking counselling, but to no avail.

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No worries, thanks for the information.

I think they have tried seeking counselling, but to no avail.

Perhaps the US spouse isn't threatening taking the physical green card away but seeking to withdraw sponsorship of the legal status and benefits it provides?


Done: I-130/CR-1, I-751/ROC

Done: I-327

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AFAIK, they have joint accounts etc.

They have been married for almost a year now. I dunno what the main reason they fight is, but from what I gather, they both seem to be on different levels in regards to their lives and their expectations.

She actually threatened him to have a child with her, or she would leave. Another issue is, from what he tells me is, she is always comparing her life with her friends, about how are living happily etc, but my mate was like, that she is only seeing the small picture. She is easily influenced by her firends and people around her.

Finances have always been co-mingled, even though she has her own account, and her salary goes into her OWN account, whereas her husband's salary goes into their JOINT account.

The wife is the LPR, the highlighted is the cause, of being influenced by her friends, which actually means she's "Not Listing to your friend", she doesn't believe in friend or what your friend has to say, weather it's right or wrong, she will chose her own path to follow. Within the Chinese Culture, most if not all Chinese will believe something said from another Chinese before they believe you, word of the wise, been there and done that!

She has a "Hidden Agenda" that your friend doesn't know about, that's one reason for a separate account! It's common for Chinese women to have secret accounts that the husband doesn't know about in China, so the same thoughts are applied here!

Ask your friend how many times his wife has threaten to divorce him? It's there way of controlling the husband.

I take it, your friend pays all the bills?


Met onilne 17 Jan 2012, via skype & yahoo IM

Married 4 Dec 2013

I-130 Filed 1/24/2014

I-130 NOA1 2/7/2014

I-130 NOA2 7/11/2014 Approved

I-130 Package Sent to NVC 7/31/2014

I-130 Package Received at NVC 8/4/2014

Case Uploaded 8/13/2014

Received Case # and Invoice # 8/15/2014

DS-261 Completed 8/27/2014

AOS Fee Paid and Cleared Bank 8/29/2014

AOS Package sent to NVC 8/30/2014

AOS Package Received at NVC 9/2/2014

IV Fee Email Received 9/27/2014

IV Fee Bill Payment Made 9/27/2014

COC for Malayisa Applied Online 9/27/2014

COC for Singapore Applied for at Local Office 9/29/2014, pick-up date 13 Oct 20

DS-260 Completed 10/2/2014

IV Fee's Mark as Paid by NVC 9/30/2014

IV Packet Sent to NVC on 16 Oct 2014

IV Packet Received at NVC 17 Oct 2014

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Filed: K-1 Visa Country: Wales
Timeline

She is the USC


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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