Legal Question in Immigration Law in Oklahoma

Immigration and Divorce

I married a man from the Dominican Republic and have been married for 1 year & 9 months. We are getting a divorce in Oklahoma. I came home one day & he told me that he was leaving me. I found out later that he transferred to Wisconsin & had been planning this for months. I filed an affidavit of support for him to have the temporary resident green card for two years. He intends to file for the conditions to be removed so that he can receive the 10 year permanent resident green card. I have spoken with the USCIS & they tell me that I cannot withdraw my affidavit of support unless he dies, works 10 years, or leaves the US. Also, I do not understand why he would be allowed to stay since he did not complete the 2 year marriage requirement. I need advice to understand what I need to do in order to withdraw my support and/or prevent him from receiving permanent residency. I believe that he may have used me the entire time for immigration purposes, but have no proof of this.


Asked on 7/05/09, 11:05 pm

1 Answer from Attorneys
Daniel Hanlon Hanlon Law Group, P.C.

Re: Immigration and Divorce

Dear Inquirer:

You cannot withdraw the affidavit of support under the circumstances described. Unless you can prove that your husband married you with fraudulent intentions; e.g. obtain an annulment of the marriage based on fraud, he may be able to have the conditions on his residence removed by making a showing that he entered into the marriage in good faith.

I recommend that you email [email protected] or visit www.hanlonlawgroup.com if you would like to schedule an appointment for a confidential consultation to discuss this matter further.

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Answered on 7/06/09, 8:42 pm


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