Stopping GreenCard and filed for Divorce

[pjhackman 0]

My DEAR friend is an immigrant. Got married to a guy in 2008. The marriage is now finished RIGHT before they both are supposed to go to the interviews which will be probably next month, December 2013. The US citizen has filed for divorce, but WILL not sign the petition to withdraw the I-130 form or whatever it is. HE says, even though he just filed for divorce and they are both going to be divorced in hopefully a few months, he's saying that signing the withdraw form/application that he would be jeopardizing his possible future spousal support. So the immigrant, my friend, is sending in with his attorney his withdraw letter, copy of the petition to divorce without the SIGNED letter from the US Citizen. The immigrant, my friend, has told the other side that he will NOT be going to any interviews and lying to them about them. He wants to keep his Visa status as an O1, I believe it is and then try a short time later for a work visa.

SO the problem is, my immigrant friend is not wanting to go through with the green card and has sent his letter to the immigration folks. The US Citizen future ex-spouse does NOT want to sign anything.

Advice, comments ANYTHING at all about this.

Thanks so much,

[NigeriaorBust 4,087]

Immigration and divorce are two separate beasts. To continue to seek a green card on a dead marriage would be considered fraud and be very very bad for the immigrant. On keeping the O visa I have no idea but I don't see any obvious issues. Divorce is governed by the state laws where the couple has resided and the length of the marriage. In California a marriage of less than 5 years carries very few rights. It seems the future ex is aware of this. However if they have never lived together they may be tripped up on their community property issues. There are some general calculators in CA. so your friend can figure out almost exactly what the hit will be assuming he is the major wage earner.

[Ontarkie 14,070]

~~Moved to Effects of Major Family Changes on Immigration Benefits, from K-1 Fiance(e) Visa Process & Procedures - As a more appropriate forum. ~~

[pjhackman 0]

Thanks for the notes.

They both have lived together for 15 yrs., married for 5, but he's not been living there at their house for the past month.