Jump to content

Stopping GreenCard and filed for Divorce


4 posts in this topic

Recommended Posts

Filed: Citizen (apr) Country: Canada

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,

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Nigeria

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.

This will not be over quickly. You will not enjoy this.

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Canada

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


Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS


Link to comment
Share on other sites

Filed: Citizen (apr) Country: Canada

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.

Link to comment
Share on other sites

Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
  • Create New...