QUESTION
Should I divorce first, then cancel the I-130 petition, or the other way around? Spouse overstayed the VWP.
Asked on Aug 26th, 2015 on Immigration - Arizona
More details to this question:
Met him while he was here on the visa waiver program. We married before it expired, and were married for 9 months (married in good faith, but things got bad shortly afterward). He told me he was handling the paperwork, and everything was legal. I just found out that he didn't file the 485, so that might mean he's here illegally!! He moved out of my apartment two months ago to live with a friend, partially because the relationship was so bad and partially because the friend said he'd sponsor him and give him a job...(then didn't follow through.) In this situation, is it more important to divorce first, or to cancel the I-130 application? Divorce could take months, and he's already overstayed his deadline by 9 months... But how to deal with a divorce overseas?
1 ANSWER
Immigration and Naturalization Attorney serving New York, NY
at
The Law Offices of Grinberg & Segal, PLLC
Update Your Profile
It is important to inform USCIS that you want to withdraw the I-130. The divorce issue is up to you. If the relationship is broken beyond repair, you should divorce before serving him with process has become a nightmare.
Answered on Aug 26th, 2015 at 2:19 PM