He’ll hath no green card from a woman scorned

Filipinos the world over are known to be voracious fans of “chismis” or wild gossip, especially of the showbiz variety, and thus it has come as no surprise that an evolving marital drama between an aging Filipina comedienne and her youngish Filipino husband recently made the headlines in both the US and the Philippines.

What makes the news sensationally flavorsome is not the thirty-year age difference between the parties (she is 60, he is 30) but the fact that the husband is under petition by the US permanent resident wife, generating a social media ruckus about the husband’s immigration fate in America.

Adding flair to the drama is the comedienne’s benignant statement that she would not take any action to jeopardize the hubby’s immigration situation. And this is where the narrative starts to get murky.

One online story quotes the wife as saying that despite the hurt and the alleged infidelity of the husband, she has no intention of “revoking” his green card (implying that the hubby is now a US permanent resident). In another TV interview, however, the lady explained that while she has already petitioned for the husband, he is still waiting for his green card (meaning he is not yet a green card holder).

Which is which?

Whatever the truth is, and assuming there’s no other disqualifying circumstance such as a preconceived immigrant intent or public charge issues, the husband’s immigration fate would largely depend on whether or not the marital relationship was genuine in the first place. And since they have been married for seven years now (per online news info), there is no question that their relationship is real.

However, if the hubby already has a green card, the wife can no longer revoke it, unless she alleges marriage fraud (which is highly unlikely, for obvious reasons).

But even if the husband has no green card yet, as long as there is no formal legal separation or divorce between the parties, both of them, or even the husband alone, can continue the husband’s green card application.

However, if the husband moves forward on his own, he will face additional difficulties since he must prove by himself that the marital relationship was bona fide from the very beginning. Also, USCIS officers are generally skeptical of marriage-based applications filed by “lone ranger” applicants. Still, considering the very public nature of their relationship, chances are good that the husband will be able to prove his case.

The problem is if the scorned wife decides that enough is enough and moves to withdraw the underlying relative petition (which, according to her, has already been approved). Under the law, an approved petition can still be withdrawn as long as the beneficiary has not yet obtained the green card.

Based on available information, it isn’t clear what the current status of the husband’s green card application is. If his application for adjustment of status to permanent resident (a separate process from the petition itself) has already been approved and he is just waiting for the actual “card” to be issued, then the withdrawal of the petition would have no impact on his permanent resident status.

If, however, the adjustment case is still pending, and assuming that the wife acts swiftly in withdrawing the petition, then the husband’s immigration fate is doomed.

Of course, the husband can always find a “replacement” petitioner, a US citizen spouse who can petition for him again, in which case he will get a green card in no time, hellish fury of a woman scorned be damned.