This is a very delicate situation and there are a few pieces of misinformation scattered throughout- so to clear that up first of all a CR1 marriage visa is different then a K! visa. When you get married and enter with the CR1 visa you are issued the GC immediately upon entry. If you are married for less then 2 years at the point of entry you are granted the 2 yr conditional card, if you are married over 2 yrs you ger the 10yr permanent card.
It seems the man and his wife were married for just under 2 years when she enters hence she was immediately given the 2yr conditional GC upon entry and advised him of her decision to divorce 5 days later. This means she like any other conditional GC holder will have to file for ROC to keep her GC.
The original question was how would they take away the 2yr card she was issued upon arrival and the answer is the pretty much can not. In order to do that they would have to go to a special investigator at USCIS (FDNS) with concrete proof that this was all a scam for her to enter the US and the proof needed for that would have to be unquestionable 3rd party sources that rarely exist. Like a video tape of her discussing her scam with someone else. A detailed journal in her handwriting detailing her 'plan' or proof that she defrauded the USCIS and your friend like the woman is married to someone else and had concealed from your friend thereby making their marriage invalid. (This almost never ever happens, people never get such proofs that would meet the burden, the best they can get are some emails- which are not acceptable, maybe some phone logs where they allege infidelity -again not enough- and a sad story of heartbreak to tell the officer and its just not enough) Hence the answer of you really have no way to take away the 2 yr GC she was issued on arrival because 99.99% of the time you just dont.
You do have the option though of trying to prevent her from successfully ROC'ing. Which is what she is going to be doing after the divorce in order to get a permanent 10 yr GC.
In some ways your friend was somewhat lucky that she decided to request divorce now immediately upon entry to the US rather then wait 6 months or a year of jointly living together before filing. Requesting a divorce immediately after getting your GC looks incredibly suspicious to the USCIS- like you married in India and then Bam as soon as you got here you divorce? CLearly you married for the benefit and she will have to prove otherwise. Its going to be hard for her. SHe will have to show proof they were legitimately married. Most of her evidence is going to be proof of her life with him and their joint life/relationship long distance (the same things they used to get the CR1 approved.
In order to show though that it was not a scam on her part where she used him for a GC she is creatively requesting a 10k payment in the divorce settlement. If it was the other way around where the alien paid the USC the money it would scream clear fraud that the alien had just paid for the GC, but with the USC paying the alien it will almost look like the marriage was legitimate and didnt work out and he is giving her a large alimony settlement because they were legitimate. This will work in her favor when USCIS reviews the divorce.
With out that large 'alimony type' payment and the divorce showing they have no assests to split as they never started a life together her ROC evidence is going to be very weak, Its basically just going to be like I said above the same type of stuff they submitted for the visa along with her statement that she entered in god faith. Your friend can submit a letter to USCIS that will get attached to his file where he can explain (and it would be be best if it it could have some kind of Drs statement to support it) that he is slightly mentally disabled and feels as if his bride used him to gain entry to the US. He can explain the limited contact they had. or the extent of their marital relationship long distance. That it was an arranged marriage etc. His parents or someone can even assists him with writing it, as long as he signs it and adds something like all of the above statements are truthful to the best of my ability.
I do very much understand the dilemma here as Mark laid it out
Paying the money will ensure a quick divorce but it will also probably help her obtain her permanent card. Not paying the money may lead to a more contested divorce because she really doesnt have much evidence for ROC, she may try to get back to together with the husband to gain more evidence to ROC at a later date after she does get some joint bills in the US and stuff. She may allege cruelty or abuse in the divorce or bring up his mental condition which would be a dirty tactic because she was aware of it but shed be in a desperate place because she needs something in the divorce to help with her ROC if its not going to be a generous alimony.
So the family has to consider the emotional needs of their son vs the financial cost to them vs the need for justice against a scammer.
Its a very personal decision and no one should judge them whatever path they take.
sidp69 got a reaction from FeelingGood in Long wait after RFE