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Green Card Status Pending, But Spouse Disappeared

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  • 04-15-2008, 09:54 AM
    truth208
    Green Card Status Pending, But Spouse Disappeared
    This is a story that my friend is going through right now...

    He came over here 2002 on a Student Visa, he married a girl that he met and fell in love with in '03. They did the GC interview and everything the same year that they got married. A year later while waiting for their GC approval she went to another state due to a family emergency. She stayed for a few months then returned, upon her return she found out that she was pregnant. Her husband was very happy because they found out that they were twin girls. During her pregnancy she again left the state to return to family. Once the babies were born they came out one race, the husband and wife were a mixed race couple. So naturally the husband ordered a paternity test! Of course the test came back that the twins were not his. He was broken up by it all and they have since broke up. OK finally, here's the question.

    He is now living in GA and he has no idea where she is because since they've broken up they've kind of lost contact. He got a letter yesterday requesting him and his wife to come in for another GC interview. He does not know what to do because he can't find his wife. He has the court documents to show the proof of paternity so I told him that the best thing he can do is be honest and tell them the whole story. He is very scared that because of them breaking up he will be sent back to his country.

    Also, his wife's mother is more than willing to talk to immigration for him as well to let them know that the story of his wife abandoning him and having children outside of their marriage is all true.

    He has worked full time since being here (6 years) and he's never been in trouble since he's been here.

    He's already in the process of seeking legal counsel I was just wondering if anyone knew whether a situation like this work in his favor?
  • 04-17-2008, 12:12 PM
    Mr. Knowitall
    Re: Green Card Status Pending, But Spouse Disappeared
    So he's still on a conditional green card? He can attempt to argue that he entered into the marriage in good faith, and he was not at fault for his failure to file a joint petition to remove the condition. He should expect to produce evidence that he and his wife owned property jointly.

    He would benefit from consulting an immigration lawyer.
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