Dear Atty. Lou,
I am nurse who came to the US in Dec. 2004. My spouse and two minor kids followed in March 2005. All of us are green card holders. My spouse stayed with us in 2005 only for 3 months and decided to go home to the Philippines and came after 11.5 months in 2006. A few months from his arrival in the US, news came to me that he has another family in the Philippines with two kids. I was not aware of the existence of such until my friends emailed me the birth certificates of his children ages 8 and 6.
My husband still denies that he has another family but just the same I filed an annulment case in the Philippines last May 2007. This case is still pending. Likewise, I learned his paramour had graduated from nursing which gave more suspicion that I was just used as an avenue for them to come to the US.
Is there any way that I can have his green card cancelled? What benefit will I gain if I file a divorce here pending decision of my annulment in the Philippines?
Unhappy Spouse
Dear Unhappy Spouse,
Your husband immigrated to the United States as your “following to join” beneficiary. To qualify as a spouse beneficiary of an employment based visa petitioner, there must be a qualifying spousal relationship. Based on your letter, it appears that you are married to your current spouse but it is not clear if he is also married to the mother of his other children. If there was a pre-existing marriage before you married your spouse, then there is a ground to seek a revocation of the permanent resident status. This means that because of the pre-existing marriage, your marriage to him is not valid and therefore there is ground to rescind the green card that was issued to him.
On the other hand, if your spouse has no pre-existing marriage and you have doubts about her intentions of marrying you, then, you may have the resident status cancelled only if you have proof that the marriage was not entered into in good faith. The burden will be on the US Citizenship Immigration Service, through evidence submitted to this agency, to show that the marriage was not in good faith. As regards your second question, there is nothing to gain if you have two divorce judgments. One valid divorce decree or dissolution judgment should suffice to dissolve the marriage.
Atty.Lou
Dear Atty. Lou.
I am an American citizen. I offered marriage to an overstaying visitor who is currently in the process of her divorce. Should she accept my offer, get married to me, get petitioned by me as spouse and granted a temporary green card, how soon can she visit the Philippines from the date of petition?
Special Friend
Dear Special Friend,
If your offer of your marriage to this overstaying visitor is just for purposes of conferring immigration benefits for her, then it is not advisable to pursue this marriage. Unless the marriage was entered into in good faith with the intention of living as husband and wife, the petition for immigrant visa may not be validly granted. If it is a good faith marriage, the current processing time to adjudicate adjustment of status is now six to eight months barring security issues that may arise. Good luck.
Atty.Lou
*(Lourdes Santos Tancinco, Esq is a partner at the Tancinco Law Offices, a Professional Law Corp. Her office is located at One Hallidie Plaza, Ste 818, San Francisco CA 94102 and may be reached at 415.397.0808; email at law@tancinco.com or check their website at tancinco.weareph.com/old. The content provided in this column is solely for informational purpose only and do not create a lawyer-client relationship. It should not be relied upon as legal advice. This column does not disclose any confidential or classified information acquired in her capacity as legal counsel. Consult with an attorney before deciding on a course of action. You can submit questions to law@tancinco.com
