Legal Question in Immigration Law in California

I am a US citizen and got married in Ahmedadabad in April 2008. I applied for the spouse visa and my wife was in the US in May 2009 where she was given the conditional visa. We were having emotional and physical differences and she has decided to go separate ways. Her and her family is alleging emotional abuse and preparing some valid by going to doctors. Am i legally in any trouble? How can they prove this? It takes 2 years for her conditional visa to be changed to a permanent visa and i am afraid that's why they're doing this. We had only spent 2.5months together and i'm afraid that she did this only for money and green card. But they are preparing a case against me.....please help???

Asked on 8/07/09, 6:54 pm

3 Answers from Attorneys

Luba Smal Smal Immigration Law Office

It's likely that they are laying a ground work for her application to remove conditions from her green card after divorce.

Please remember that since you've signed the Affidavit of Support, you remain financially responsible for your immigrant wife even after divorce.

If you require assistance in these matters or would like to schedule a consultation, please email at Attorney [@], I would be glad to help.

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Answered on 8/07/09, 7:10 pm
Larry L. Doan Law Office of Larry L. Doan

Well, if you're in any legal trouble, it would be with the police on a domestic violence charge, and would have nothing to do with immigration law.

To remove the condition on the green card and make it permanent, the procedure that she is supposed to follow is for her to file an I-751 Petition jointly with you with U.S. Citizenship & Immigration Services (USCIS) to show that you still have an ongoing bona fide marriage. However, you are not obligated to help her with this form if you do not wish. Couples in marital problems, legally separated, or who are divorcing run into this all the time. She can still get a permanent green card by filing the I-751 herself and asking USCIS to excuse her from having to file together with you by alleging that you battered her during the marriage. Whether USCIS will believe her or not is a different story, but that does not involve you. On the other hand, and as Iíve said, whether she will go to the local police and bring charges against you for domestic violence or spousal abuse is up to her, and if that happens, youíll need a criminal defense lawyer.

Larry L. Doan, Esq. (blog)

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Answered on 8/07/09, 7:18 pm
Ellaine Loreto Law Offices of Ellaine Loreto


I am sorry to hear that your marriage is not working out and that you are going through this situation.

If you are legally in trouble, it would be for any charges your wife may have filed against you for things such as domestic violence or assault and battery. If she filed a restraining order against you, then you may also get into trouble if you violate the terms of the restraining order. With respect to immigration law, it is likely you will not have an issue.

In order to remove her conditions on her status without you and without an existing marriage, she would need to show among other things, that the divorce is finalized, that the marriage was real, and that she has suffered emotional, physical, and/or mental abuse at the hands of her spouse.

To discuss this further, you can contact me directly at 714 288 0574 [email protected] Our office offers a FREE initial consultation and payment plans.

Note: The above response is provided for information purposes only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.

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Answered on 8/11/09, 8:25 pm

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