More details to this question:
Hello, I am a US citizen. I married the father of my children back in 2009. We separated 2 years ago and I filed for divorce last summer, while he was in the process of getting his green card. We have gone to several court dates and his attorney is fighting for him to get his green card before he signs the divorce. is that possible? Could he still get his green card? our immigration attorney told him we would have to stay married for the process and then file for divorce again. i didn't believe him so i decided to get a second opinion. any help would be appreciated thanks!
1 ANSWER
Your husband would not be able to obtain a green card through an immigrant visa petition filed by you if you are divorced. A final judgment of divorce makes him ineligible for a green card. Even without a final judgment of divorce, the fact that your husband is in divorce proceedings will likely lead to a denial of his green card application. You can always withdraw the Form I-130 if you do not wish for him to get a green card through the petition you filed.
Answered on May 26th, 2016 at 2:32 PM