Immigration Corner | Help! My wife has mental issues

Dear Mrs Walker-Huntington,

I read your articles every week and would like to get your advice.

I got married to an American woman two years ago and recently moved to the USA. Unfortunately, we have not been getting along, and I am thinking of going back to Jamaica because we are constantly fighting. I eventually left the house and stayed in a shelter because of the constant fights. Since that time, she reported me to immigration, saying that I only married her for a green card, and this is far from the truth. When we got married, I was not aware that she was struggling with mental issues. I am not sure what to do at this point. I don’t want to be deported, but I also don’t want to lose the opportunity to travel to the USA. Please advise.

–M.M.

Dear M.M.,

I am so sorry that you are in this situation. Unfortunately, it happens from time to time that people date each other, and it is not until they live together before they truly know each other. Mental illness is a serious issue that is often denied, and sometimes it takes an intervention for the person suffering to seek medical attention. There is a stigma attached to someone with mental illness, and, hopefully, with more people in the media talking about their own mental-health issues, it will shine a spotlight and cause more people to seek help.

In your case, you are permitted to remain in the United States to live and work as a lawful permanent resident. If you received a green card valid for 10 years, then you have no further need to engage with US Immigration & Citizenship Services (USCIS) until it is time for you to petition to become an American citizen. If your green card is valid for two years, you will need to file 90 days before the card expires for your 10-year permanent resident card.

If you are in the latter situation, you must divorce your wife before filing for the 10-year card. When you file for the 10-year card as a divorced husband, you must demonstrate that you entered the marriage for valid reasons. At this time, it would be in your best interest to gather all the proof that your marriage is a real marriage and not entered solely for immigration purposes, including any proof of the difficulties you encountered while living with your wife. One such example is your stay at a shelter because of the unbearable living conditions in the marital home.

If you choose to return to Jamaica to live, you would be required to surrender your residency and apply for a non-immigrant visa. Even in that situation, a divorce would be strongly advised and proof of the validity of the marriage to show a consular officer that your marriage failed through extenuating circumstances. You should consult with a US immigration attorney to go over dates and the full extent of your situation and its implications.

Dahlia A. Walker-Huntington, Esq is a Jamaican-American attorney who practises immigration law in the United States, and family, criminal and international law in Florida. She is a mediator and former special magistrate and hearing officer in Broward County, Florida. info@walkerhuntington.com