More details to this question:
My wife brought me to the United States on a cr1 green card, we have a 3 years old daughter together and she is now 5 months pregnant with a baby boy. We had an argument and she got angry and told me to get out of her house. She changed all the locks on the door, and said she is going to call the immigration department to take my green card back. I don’t work.
5 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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If you have had your green card for more than 2 years and have no conditions attached to it, she cannot get your green card revoked.
Answered on Jun 05th, 2013 at 7:25 PM
Do you still have the conditional green card or have you submitted the petition for the removal of conditional status and has that been approved?
Answered on Jun 05th, 2013 at 7:25 PM
U.S. Immigration and Nationality Law Attorney serving San Diego, CA
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Kazmi & Sakata
1 Award
Since your status is conditional, you will need to remove your conditions during the 90 period before the 2 years expires. If you divorce, you can still file alone and without her support. You would have a good case since you have children together. They will not just come and take your green card. You will have your opportunity to prove the marriage was real, but you had problems and divorced (eventually).
Answered on Jun 05th, 2013 at 7:25 PM
3 Awards
We handle matters like this for our clients all of the time. It is important for our office to do an analysis of the options that are available for you. You are likely to be able to file for a waiver if you are divorced from your wife.
Answered on Jun 05th, 2013 at 7:24 PM
Adebola O. Asekun
It is unlikely your wife can take your green card back. Only an immigration judge [IJ] may do so and then, only upon DHS' showing that you violated the law or that you got your green card by fraud. Based on your account, it seems that you have a good faith marriage and at least with respect to that, you did not obtain your green card by fraud. That said, you need to file a Form I-751 within 2 years of the anniversary of getting your green card. Where there is marital harmony, the I-751 is filed jointly by the couple. But where as here, your wife is unwilling, you can file the 751 without her. If you file alone, you must provide concrete evidence that (a) your marriage was genuine and (b) explain reasons why cannot file together that you are not at fault, either due to divorce, or as I suspect your wife's abusive nature . There are two important things you must note. 1. Start getting documents and statements and other information that shows your good faith marriage and reasons for your break up, if that is what eventually happens. Next, although, it appears you are the victim of acts of your wife's domestic violence, you must at all costs avoid any altercation situation that may result in you, the victim, being convicted of domestic violence. Such conviction without further ado may result in your permanent deportation from the US. In the end, I believe your best interest is served best if you hire an attorney right away.
Answered on Jun 05th, 2013 at 7:24 PM