QUESTION
Can my husband petition for my green card after we have filed for divorce?
Asked on Dec 15th, 2010 on Immigration - Tennessee
More details to this question:
My husband filed for my green card almost 2 years ago but we were later denied because he was arrested when it was time for our interview and therefore we could not attend. After this we separated, filed for divorce and being out of status I had to return to my national country. However, we have now reconciled and decided to give us another chance, so my question is, is it possible for us to withdraw the divorce petition, (we are yet to file for a judgment, we filed uncontested divorce), so my husband can begin the petition all over again?Appreciate your advice and help.
3 ANSWERS
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
You would have to look at the law of the state where you filed. If no divorce decree is entered then you can just withdraw the petition with the Court. If decree is entered then you will need to re-marry. We would be happy to assist you in filing for your permanent residency through the marriage in any case. Contact me to find out how to get started.
Answered on Dec 16th, 2010 at 1:58 PM
Yes you can still have him petition for you.
Answered on Dec 16th, 2010 at 12:43 PM
William C. Gosnell
Yes if you were married for more than two years and it was not a sham marriage.
Answered on Dec 16th, 2010 at 6:13 AM