QUESTION
Can I apply for divorce after my biometric for a 10 years green card?
Asked on Nov 17th, 2014 on Immigration - Texas
More details to this question:
I got a visa K1 or fiancé visa. My husband and I have been married for four years although we have had good times there are a lot of problems that physically and emotionally are badly affecting us. I just got my biometric about a month ago to get the 10 years green card. My question is, can I apply for divorce at this moment? I know that I have to wait a year for emigration's answer. What I don't know is if both of us have to go to an interview or it will be only me. My other questions is what happens if I leave the country and abandon the application? Could I get a visa by myself in the future in case I want to come back? Or is there any other option for me? Please help.
2 ANSWERS
I would say that if you apply for divorce before being granted the permanent residence card, you will have issues. Better wait until the process is over.
Answered on Nov 20th, 2014 at 2:13 AM
Bruce A. Coane
A divorced person needs to do an I-751 waiver case. On a joint I-751 signed by both parties, there is normally no interview and it gets approved by mail. If there is an interview and they find out a divorce is pending, they likely will not approve the case. If it gets approved by mail, you should not be divorced on the date of approval if it was a joint I-751.
Answered on Nov 18th, 2014 at 3:36 PM