As we know, marrying a US citizen or green card holder gives a person the edge for permanent citizenship; still, it is being used for evil purposes. It has increased the ratio of divorce in the country. What is the reason behind this? Because people have some plans in their minds that they will marry a US citizen solely for a green card, and after achieving this goal, they will be separated.
These sham and fake marriages are destroying their lives to a larger extent. It is being common with both men and women. When a foreign national marries a US citizen and starts misbehaving after some time, the person is broken and dishearted. In that case, the person surely doesn’t want a fraudster spouse to enjoy the perks of having a green card. Victims of fraud marriage ask, “can I cancel my spouse conditional green card”? It will remove the joint conditions of the couple.
What Is A Conditional Green Card?
Undoubtedly, the conditional green card holder enjoys the same thing as the permanent green card holder, but the exception is that the conditional green card holder is valid for two years.
There is a 90-day window rule. The conditional green card holder must adjust status before the expiry date of their card. If the person has not adjusted yet, he will be expelled from the country right there. So they have to file the petition according to the 90-day rule before the card expires.
Travelling While Removing Conditions On Green Card.
When removing conditions on the green card, your spouse can’t travel internationally unless they have a valid, unexpired green card. They have to attend biometrics and the ASC office, where they have to go for fingerprints records so they can’t travel. Check out the removal of condition timeline to find out how long they have to wait.
What Happen If You Get A Divorce, But Your Spouse has got The Green Card?
There are three conditions here. If the person has applied for the marriage-based green card and it has been approved, but after that couple gets divorced, their application is denied right here. Suppose the USCIS has not made any decision on petition I-751.
In that case, you can request to remove the joint petition and also don’t appear for the interview. But if the foreign has received the green card and removal of conditions has been done, there is no way the victim can cancel the spouse’s permanent residence.
Reasons Might Be Denied:
There are numerous reasons for green card denial. Besides divorce in the marriage-based green card, let’s find out other causes. These include crime cases, frauds, incomplete documents, health-related, violations in immigration and not taking part in services listed by the government. Moreover, refusal of the visa petition and not attending appointments are all included in the reasons for green card denial.
What If I Get A Divorce?
If I get a divorce after getting the green card, then it surely won’t affect your green card but you only will have to wait 5 years instead of 3. On the other hand, if you got the divorce before 2 years of your marriage and have not filed I-751 yet, then you will lose your green card and will have to leave the US immediately.
What If My Spouse Dies?
The death of your spouse doesn’t affect your status. You can still continue with your green card path. It doesn’t matter if your spouse dies before the green card interview or after the interview, you will still be eligible for permanent residence. Even if you were outside the US or inside when your spouse died, you can go forward with the process.
What If I Was Abused Or Battered During My Marriage?
INA has made a supporting decision for the spouse who is the victim of abuse, children, and parents. VAWA(violence against women act) amended this petition. Through VAWA, spouses, dependent children, and US citizen’s patents all can file the petition for safety from the abuser. The abusers are unaware of the person petitioning this. They will fill out form I-360 to proceed.
My Wife Left Me After She Got Her Green Card:
Such cases are numerous where the victim of fraud marriage asks, ” can I cancel my spouse conditional green card .”But nowadays, cases for removing someone’s permanent green card are also being heard. Unfortunately, the cancellation of the spouse’s permanent green card is quite complicated.
All a person can do is report to the ICE all about the matter. If the ICE finds evidence about the fraud committed by the spouse, he won’t be able to file for any other green card and will be deported from the country.
Can Conditional Green Card Be Revoked?
Yes, there can be several reasons behind the revoke of conditional green cards. Firstly, if the USCIS finds out that the person doesn’t deserve the permanent green card, they will take the steps back.
More specifically, if they realize that the person is not fulfilling a conditional green card’s rules and regulations, they will revoke the conditional green card. The laws and rules include not paying the income tax, divorce, not appearing in the services listed by the government, etc.
Time Required For The Removal Of Conditions In Condition Green Card:
The conditional green card requires 12 to 18 months to remove the conditions. For this purpose, both spouse and the US citizen attend an interview together and file for Petition I-751.
If the person thinks that their spouse’s behaviour has been changed after the marriage and thinks that they are the victim of marriage fraud, they have 12 to 18 months to make sure.
I Think My Husband Married Me For A Green Card:
There are numerous cases where the husband shows fake behaviour to make someone marry him, and after some time, things get complicated. A case in which the husband left his wife for another woman and married her just for a green card. If the woman doesn’t want her husband to get a green card, there is a condition.
If the USCIS has not decided on Form I-751, you can file a request to remove the joint petition. An annulment will help the woman, and she should contact an expert immigration lawyer to guide her regarding this situation.
FAQs.
Can I cancel my spouse’s conditional green card status?
To remove the conditions of the green card, the couple has to file for I-751 Petition before the second anniversary. But if the couple has not filed for I-751 and the US citizen, after divorce, wants to cancel the status of the spouse, it can be done by cancelling the joint petition.
Can my husband cancel my spouse visa?
No, your spouse can’t cancel your spouse visa as he was not the one who issued the visa. The Home Office issued your visa, so only the Home Office has the power to cancel your visa. It is possible if you break the laws and rules of the government or rules under your visa.
How do I stop my husband’s immigration status?
Yes, you can cancel the chances of your spouse’s permanent citizenship if the conditions from the condition green card have not been removed yet. But if your husband already has the immigration status, then report ICE.
What if I get a divorce after a conditional green card?
Suppose your status has been changed from the conditional to the permanent green card. In that case, your status will not be affected after divorce. But the exception is that you will have to wait for five years to get neutralized citizenship.
Wrap up.
After going through all the conditions of a conditional and permanent green card, we have concluded that the answer to the question “Can I cancel my spouse conditional green card” is yes. It is possible to cancel the green card unless the conditions are not removed. Marriage fraud and fraud in the economy and not following the laws can also revoke the conditional green card.
