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ProudAmerican92

My Husband got Green Card 4 days before our Separation

By ProudAmerican92 in Effects of Major Family Changes on Immigration Benefits

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ProudAmerican92 Newbie

ProudAmerican92   0

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I and my husband were married for over 2yrs. He is a Canadian Citizen. I applied for his US immigration as we had planned to move to US. Unfortunately after 1.5yrs of marriage we started to have alot of issues. He himself asked me a few times to cancel his US Immigration Visa application but I didn’t take it too seriously. Anyways issues kept going on and his immigration was also in process.

 

Unfortunately he got his “Unconditional Green Card” (because of marriage was older than 2yrs) approved 4 days before our legal separation date. 
 

Question is that Can i still contact US immigration and get his Green Card canceled as it was only approved 4 days prior to our separation date (I do know he was not a fraud, i was living with him in Canada)

 

 

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arken Mentor

arken   4,197

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Filed: F-2A Visa Country: Nepal
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1 hour ago, ProudAmerican92 said:

Can i still contact US immigration and get his Green Card canceled as it was only approved 4 days prior to our separation date (I do know he was not a fraud, i was living with him in Canada)

No. He got it based on based on the bonafide marriage docs you presented and you are even saying he was not a fraud. Uscis won't cancel something one got lawfully even if it was issued 1 day before separation.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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Redro Experienced

Redro   4,600

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Filed: IR-1/CR-1 Visa Country: South Africa
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3 hours ago, ProudAmerican92 said:

I and my husband were married for over 2yrs. He is a Canadian Citizen. I applied for his US immigration as we had planned to move to US. Unfortunately after 1.5yrs of marriage we started to have alot of issues. He himself asked me a few times to cancel his US Immigration Visa application but I didn’t take it too seriously. Anyways issues kept going on and his immigration was also in process.

 

Unfortunately he got his “Unconditional Green Card” (because of marriage was older than 2yrs) approved 4 days before our legal separation date. 
 

Question is that Can i still contact US immigration and get his Green Card canceled as it was only approved 4 days prior to our separation date (I do know he was not a fraud, i was living with him in Canada)

 

 

Has he crossed the border and activated his visa? Did you move to the US yet?

If you are still in Canada you could call the embassy and tell them you are no longer moving to the US together.

But, if you have already moved to the US with him he has is an LPR. 

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iwannaplay54 Proficient

iwannaplay54   985

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Filed: IR-1/CR-1 Visa Country: Indonesia
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8 hours ago, ProudAmerican92 said:

I and my husband were married for over 2yrs. He is a Canadian Citizen. I applied for his US immigration as we had planned to move to US. Unfortunately after 1.5yrs of marriage we started to have alot of issues. He himself asked me a few times to cancel his US Immigration Visa application but I didn’t take it too seriously. Anyways issues kept going on and his immigration was also in process.

 

Unfortunately he got his “Unconditional Green Card” (because of marriage was older than 2yrs) approved 4 days before our legal separation date. 
 

Question is that Can i still contact US immigration and get his Green Card canceled as it was only approved 4 days prior to our separation date (I do know he was not a fraud, i was living with him in Canada)

 

 

He can fill out an I-407 and voluntarily surrender his green card if he wishes.

You cannot get (his) card cancelled.  Doesn’t work that way.

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Boiler Grand Master

Boiler   43,438

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Filed: K-1 Visa Country: Wales
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No

 

Presumably concerned about the I 864

“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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Letspaintcookies Experienced

Letspaintcookies   2,207

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Filed: Citizen (pnd) Country: Germany
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The only thing I can think of would be for OP not to enter the US until the expiration date of the visa since the petitioner has to enter the US before or with the visa holder. So if OP is not in the US the husband can't activate the visa and it would expire. 

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Dashinka Grand Master

Dashinka   23,247

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Filed: Citizen (apr) Country: Russia
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It’s not clear, does the husband have a physical GC, or just a spousal visa (IR1)?

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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ProudAmerican92 Newbie

ProudAmerican92   0

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7 hours ago, ROK2USA said:

Has he crossed the border and activated his visa? Did you move to the US yet?

If you are still in Canada you could call the embassy and tell them you are no longer moving to the US together.

But, if you have already moved to the US with him he has is an LPR. 

We did travel to US together, His physical Green Card is delivered at my parents house in US (that was our US address)

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ProudAmerican92 Newbie

ProudAmerican92   0

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2 hours ago, iwannaplay54 said:

He can fill out an I-407 and voluntarily surrender his green card if he wishes.

You cannot get (his) card cancelled.  Doesn’t work that way.

Thank you for your reply, I don’t think if now he will cancel it. We are not in talking terms so to be honest I don’t even know what he is thinking.

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ProudAmerican92 Newbie

ProudAmerican92   0

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32 minutes ago, Letspaintcookies said:

The only thing I can think of would be for OP not to enter the US until the expiration date of the visa since the petitioner has to enter the US before or with the visa holder. So if OP is not in the US the husband can't activate the visa and it would expire. 

We actually entered the US together, we went to Macy’s for shopping and thats when border service agents processed his entry. His Green Card has been mailed to my parents house in US (that was our US address in application)

7 minutes ago, Dashinka said:

It’s not clear, does the husband have a physical GC, or just a spousal visa (IR1)?

He has a Physical Green Card (its sitting with me currently as it was delivered at my parents place)

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TBoneTX Grand Master

TBoneTX   43,059

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Filed: Citizen (apr) Country: Ecuador
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The card is his property, so he must eventually decide what (not) to do with it.  Keep it somewhere safe until he contacts you about it.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Boiler Grand Master

Boiler   43,438

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Filed: K-1 Visa Country: Wales
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He is good to go

“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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Dashinka Grand Master

Dashinka   23,247

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Filed: Citizen (apr) Country: Russia
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1 hour ago, ProudAmerican92 said:

We actually entered the US together, we went to Macy’s for shopping and thats when border service agents processed his entry. His Green Card has been mailed to my parents house in US (that was our US address in application)

He has a Physical Green Card (its sitting with me currently as it was delivered at my parents place)

So technically he got his GC when he entered whenever that was.  Beyond that, as others have said, it is now all up to him.  If he wants to stay in the US he is good to go, if he doesn’t want to stay, he can go back to Canada and give up the GC with the I407.

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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Mike E Grand Master

Mike E   11,723

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Filed: Citizen (apr) Country: Myanmar
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3 hours ago, ProudAmerican92 said:

We actually entered the US together, we went to Macy’s for shopping and thats when border service agents processed his entry. His Green Card has been mailed to my parents house in US (that was our US address in application)

He has a Physical Green Card (its sitting with me currently as it was delivered at my parents place)

So he entered the USA to shop for day, left the USA, and hasn’t returned?

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