More details to this question:
My husband and I had been married since 2007. We haven't been getting along lately. I got my green card through him on August 2011(expire date in 10 years). Things have been terrible since then and I want a divorce from him. But I'm scared if I get a divorce from him, can he take away my green card like he threatens me that he would? Please help me. Thanks
13 ANSWERS
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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No he cannot if you married him in good faith.
Answered on Jul 02nd, 2013 at 10:08 PM
Immigration Law Attorney serving New York, NY
Partner at
Oltarsh & Associates, P.C.
You already are a resident. He could argue that the marriage was not in good faith. You will have to produce evidence that your intent was good when you married.
Answered on Dec 21st, 2011 at 10:00 AM
Immigration and Nationality Attorney serving Chicago, IL
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Simvisa
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No, your husband cannot cancel your green card. However, it's a good a idea to meet with an attorney so that he or she can advise you on the kinds of documents you should gather before you leave home to make sure that you won't have any problems when you apply for citizenship.
Answered on Dec 20th, 2011 at 11:27 AM
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No. The green card is yours to keep. You have been married to him for more than two years.
Answered on Dec 20th, 2011 at 10:18 AM
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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You can divorce. He has no power over your immigration matter now.
Answered on Dec 19th, 2011 at 7:29 PM
I strongly recommend an appointment with a competent and experienced immigration attorney. You have rights, but preserving the evidence can prove important. Our office can be reached at 312-588-055 for legal advice and an opinion on which form of relief you may pursue at this point.
Answered on Dec 19th, 2011 at 7:28 PM
Immigration & Naturalization Attorney serving Seattle, WA
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Julian & Chin, LLP
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Your husband does not have the authority to cancel your green card. Only the United States government can do that. If the US government wants to take action against you (perhaps based upon your husband's notification), you will have to prove that your marriage was legitimate and entered into for reasons other than immigration. You should not remain in a marriage for the wrong reasons. If you leave your husband, be sure to document any proof of your time together as well as any threats that he may have made against you.
Answered on Dec 19th, 2011 at 3:48 PM
Personal Injury Law Attorney serving Pooler, GA
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Jarrett & Price, LLC
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First, I am sorry you and your family are going through a tough time. To answer your question, no. Your husband cannot take your green card from you. He cannot have you deported, remove your lawful permanent resident status, etc. If you get a divorce, your immigration status will not be impacted since you have a full ten-year green card. I recommend you speak with a family law attorney who is familiar with immigration law.
Answered on Dec 19th, 2011 at 3:47 PM
Leon Wildes
Your husband would have to prove that you (and he, presumably) lied to the government, which could involve him in problems as well. If you want a divorce, you should consult with an attorney who is sensitive to immigration matters.
Answered on Dec 19th, 2011 at 3:43 PM
Real Estate Attorney serving Frisco, CO
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The Law Office of Eric A. Fisher, LLC
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Your husband cannot take away your green card even if you get divorced. If you have a 10 year card now, it is no longer conditional and you need not stay married. You can apply for naturalization 5 years after getting the green card even if you are no longer married.
Answered on Dec 19th, 2011 at 3:43 PM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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USCIS will not take away your green card UNLESS it has solid evidence that your marriage is for immigration purposes. Your husband cannot take away your green card either unless he has solid evidence that your marriage is a sham marriage.
Answered on Dec 19th, 2011 at 3:41 PM
Immigration and Naturalization Attorney serving San Francisco, CA
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The Law Office of Christine Troy
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Your husband has no power over you at this point in terms of your immigration status. He cannot petition to have your status taken or use his status as a USC or your spouse to have it removed from you. I have seen vengeful ex's try to claim that the marriage was fake when it clearly was not, but you will be able to overcome that with proof of joint documents, photos, etc and your own testimony.
Answered on Dec 19th, 2011 at 3:39 PM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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If you have a 10 year green card then you are fine. Your husband cannot do much to take it away from you. You just need to wait now for 5 years to apply for US citizenship (not 3 years).
Answered on Dec 19th, 2011 at 3:37 PM