I met my husband in December 2005. He is from Pakistan. I met him through a friend and went to see him in Pakistan. I petitioned for him to come to American from Pakistan under a fiancé visa. He came here is September 2006 and we got married. We filed for his 2yr green card and he got it. Soon after, I caught him sending money to another woman in his country. When I asked, he told me it was a friend but his very own father told me that it was his girlfriend. I told him the marriage was over and he left the house on March 1st 2008. We have now been separated for almost a year and I have a lawyer to file for my absolute divorce on March of this year. The problem is that his 2yr green card expired in June of this year. I found out from my husband's brother that he is filing for her 10yr/permanent green card by saying that me and him are still married and still together. That is required since he came to this country because of me. He is lying! He said he won't sign my divorce papers. I don't know what to do. I want this over with. I still have to wait a few months after filing for divorce, for my divorce to be final. I need to call someone at immigration and let them know what he is planning on doing. Is there anything I can do to stop them from giving him is permeant green card? The part that really upsets me is that he wants to put my name on false documents. I thought my signature was required but he said that its not. I think he is going to forge my signature. Please help!!

You can send a letter to the USCIS Service Center and the local district office to tell them your situation.

Unfortunately, if the two of you married in good faith at the inception of the marriage and he has evidence of that, he can file to remove the conditions (I-751) without your assistance. He will not need to forge any signatures, that is the law. If you believe you were defrauded in the marriage (he had the girlfriend before marriage and was only marrying you for an immigration benefit), then by all means, let the USCIS know.

If you are most upset (as you say) about his forging your signature, in your letter, don't be. If he is forging your signature on the I-751, he is fraudulently filing under the joint petition requirements and will need you at the R/C interview to complete it. Since you won't be there... he is most likely filing under the waiver provision for a good faith marriage.

He is either poorly filing a fraudulent I-751 (needs you at the interview) or doesn't understand the good faith marriage waiver requirement (needs to be divorced).

I don't know the family law in your state, but many states do not require his signature or approval for a divorce, most states will not allow a marriage to continue if one of the parties does not. Check with your faimily attorney.

Send in your letter to the USCIS and get your divorce. That is all you need to do.

If this was helpful, rate this answer, good luck!

Thank you so much for your help. The one problem is that the divorce isn't final, so he can't file and say that we are divorced but it was a "good faith" marriage. I am pretty sure that the divorce has to be finalized, correct? With the wait time to get a court date, it may not be finalized until may or June and his green card expires is June. I am in Maryland and I don't need his signature for a divorce but it is still going to take a few months longer, if he doesn't sign the papers. I am 99.9% sure that he is filing and saying that we are still married and we are filing those papers together. I am so upset about this!

I forgot to mention that I send a letter to both offices, last year, when we first got separated. I told them the situation and asked them to revoke his green card. I never got a response back from them and it has been a year. How do I know I will get a response this time?

Good, you generally won't know as they have no obligation to inform you of the investigation or revocation if they take those steps. Please note, they will only invetigate and revoke if there is fraud. You cannot request revocation.

Sarah, please re-read my earlier post. (1) if he is forging your signature, he needs you at the interview and you are not going; or (2) he is applying for the GF marriage waiver and needs a divorce and HE is delaying.

You are getting better information than he is getting advise. Good luck, hope you find someone better!