QUESTION

Is there anything that he can do she has been here for almost a month and my brother has not seen her after petitioning her?

Asked on Oct 18th, 2013 on Immigration - California
More details to this question:
My brother petitioned for his wife to come to the US. During the process, he found out that she was living with someone else and telling them that she was not married. He confronted her, she denied everything and claim he don't trust her. The petition was approved and she is now in the US. She told him on the phone that she got what she wanted from him so she does not need him anymore. Her green card and social security card is supposed to go to my brother’s address. He does not want responsibility for her because she is not living with him and as she stated she is not planning to live with him. Thank you for any help you can give.
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4 ANSWERS

Whom are you trying to help in this situation? You want her to have the green card or not to have it?
Answered on Oct 23rd, 2013 at 3:10 PM

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Business/ Commercial Attorney serving Bellevue, WA at Lana Kurilova Rich PLLC
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This sounds like a case of marriage fraud if she married for the sole purpose of getting a green card. If so, your brother could report her to the USCIS and they would investigate whether fraud was committed. If so, she could be deported, and if that happens, your brother's financial support obligations will end. But this would be a long process, especially if there is more to this story (sometimes women leave their husbands when they feel that they are being abused by them, for example). If she plainly took advantage of your brother and he was nothing but kind to her, he could report this incident as a marriage fraud.
Answered on Oct 22nd, 2013 at 7:16 AM

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Immigration Attorney serving Raleigh, NC at Vasquez Law Firm, PLLC
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Part of the requirements for Legal Permanent Resident card is that there is a real marriage, from what I understand based on the facts given is that your brother petitioned for his spouse and that at some point the true intentions of the party became known to your brother. If the beneficiary has not received their LPR card he could definitely call USCIS and let them know of the situation and withdraw his application. The beneficiary would receive a conditional legal permanent resident card which must have the condition removed two years after. Part of removing the conditions is to prove again that it was in fact a bonafide marriage. I would have your brother contact USCIS and let them know that he wishes to withdraw the petition.
Answered on Oct 21st, 2013 at 1:34 PM

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Immigration and Naturalization Attorney serving San Diego, CA
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He can write a letter to USCIS withdrawing his petition for her and advising them of the facts of her statement to him.
Answered on Oct 21st, 2013 at 10:33 AM

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