Can my wife of 12 years stop my appeal for my green card by divorcing me?
Asked on Jan 13th, 2011 on Immigration - California
More details to this question:
I was contacted by our lawyer that he can no longer represent us due to conflicting interests, that my wife conveyed information to him. I believe she is seeking a divorce in order to stop the petition for my green card.
If your green card application is based on your wife's petition then her cooperation is required. You may have other options for permanent residency through an employer or in some case as a self-petitioner. Contact my office to schedule a consultation and discuss fees and procedures.
If you are applying for a Green Card based on an I-130 petition by your wife, the answer is Yes, she can stop the process by divorcing you or just by withdrawing the I-130 petition. If the appeal is based on the I-130 being denied she can also stop the appeal since she is the petitioner and the petitioner controls the appeal of the I-130. The person who files the petition has the right to withdraw the petition at any time up until the beneficiary is granted their Green Card.
Whether you have the right to file an self petition (Form I-360) depends on whether you are the victim of spouse abuse or cruelty by your wife.
A US Citizen spouse can stop form I-130. You have to look for another attorney who never represented your wife. Maybe some other options are available for you.
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