How do I cancel or prevent my husband from renewing his temporary green card?

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How do I cancel or prevent my husband from renewing his temporary green card?

My husband has a temporary green card and will be applying to renew it soon. My relationship with him is not going very well and I believe he only married me to obtain the green card. I will be separating and I like his green card cancelled or not renewed. How can I proceed with it?

Asked on December 30, 2011 under Immigration Law, New Jersey


Dustin Bankston / Bankston Immigration Law Office

Answered 11 years ago | Contributor

It sounds as if you do not plan on petitioning with your husband to remove the condition on his green card.  If you do not jointly petition USCIS to remove the condition on his green card, your husband will only be able file separately for himself if he gets a waiver. 

There are four waivers available - 1) if the spouse has died, 2) if there has been a divorce, 3) if the alien spouse has been battered or abused, and 4) if termination of residency would cause extreme hardship.

1) For obvious reasons, the first waiver doesn't apply to your situation.

2) If you will be getting a divorce, your husband can apply for that particular waiver.  However, he will need to present the final order of termination of the marriage to USCIS within 87 days of receiving a request for evidence to produce proof that the marriage has been terminated.  At this point, the condition can be removed if your husband proves the marriage was entered into in good faith.

3) For this waiver, your husband would need to prove that you abused him in some way.

4) For this waiver, your husband needs to show that losing his status will cause an extreme hardship.  There is a whole list of factors that USCIS considers in determining extreme hardship including health issues and conditions in the alien spouse's home country.  However, emotional strain from being deported, separation from family and friends, and economic loss are generally not included in the definition of extreme hardship.

If your husband cannot get any of these waivers and you do not file jointly with him, his green card will be revoked.  

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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