Is this possible?

[nitrous_guy 23]

She is the USC

That is correct

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?

Can the wife (US citizen) do that? This is new to me, lol.

[belinda63 2,981]

Nope, once the green card is issued the USC can't withdraw sponsorship. That would sort of defeat the whole purpose.

[nitrous_guy 23]

Nope, once the green card is issued the USC can't withdraw sponsorship. That would sort of defeat the whole purpose.

Even a conditional GC?

Update: She now wants an annulment, not a divorce lol...

[Merrytooth 5,748]

Your friend should still be able to ROC by himself.

http://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence/remove-conditions-permanent-residence-based-marriage

Eligibility Criteria

• You entered into a marriage in good faith, but the marriage was ended through divorce or annulment

[nitrous_guy 23]

Your friend should still be able to ROC by himself.

http://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence/remove-conditions-permanent-residence-based-marriage

Eligibility Criteria

• You entered into a marriage in good faith, but the marriage was ended through divorce or annulment

How does USCIS see annulment in their eyes vs a divorce?

And plus getting an annulment can be hard to get in Illinois, divorce is easier. I wonder who decides that lol

[Boiler 43,438]

I doubtbt if annulment would be possible. Divorce is a State issue.

Edited December 3, 2014 by Boiler

[nitrous_guy 23]

I doubtbt if annulment would be possible. Divorce is a State issue.

Can you elaborate more on this please?

[belinda63 2,981]

Annulments are also impossible to get unless you can prove fraud or the marriage was never legal. Examples would be a man marrying a woman to only find out she is not female, marriage to someone who is already married.

[Caryh 5,206]

Even a conditional GC?

Update: She now wants an annulment, not a divorce lol...

The conditional green card is not much more than a second check if a couple got married. It was more set up to catch those that paid someone to marry them, then they divorced as soon as the green card arrived, than to catch the green card hunter. It is very easy to remove conditions on the green card after a divorce unless fraud has been proved. Not really an easy thing to do. The I-864 is completely binding, regardless of what happens after it is issued. The beneficiary has to either leave and give up residence in the USA, work 40 quarters, get citizenship, or one of them needs to die. Those are the only way out of the I-864, its pretty clear about it on the form. Even if they lose their green card and do not depart the USA, your responsibility remains in affect. Yes you can read that as even if they go illegal in the USA, as long as they stay you're responsible, unless an new I-864 is submitted for them.