QUESTION
What can I do if my petitioner wants to get a divorce and stop my visa process?
Asked on Dec 17th, 2011 on Immigration - California
More details to this question:
I came up on a k-1 visa and got married within the 90 days and start the AOS process, now the petitioner wants a divorce and is going to stop the process. What can I do in a case like this? Thanks in advance.
8 ANSWERS
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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Nothing, unless there is extreme abuse.
Answered on Jul 02nd, 2013 at 10:08 PM
Leon Wildes
Try to convince your spouse to go for marital counseling or to consult with friends.
Answered on Dec 20th, 2011 at 9:34 AM
A lot, perhaps, but I strongly recommend an appointment with a competent and experienced immigration attorney. However, this can get complicated and you have to decide whether pursuing this matter is important to you.
Answered on Dec 19th, 2011 at 7:28 PM
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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If the petitioner does not want to continue, there is nothing you can really do unless you were the victim of abuse.
Answered on Dec 19th, 2011 at 7:28 PM
Immigration and Naturalization Services Attorney serving Houston, TX
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Nossa Law Office, P.C.
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Your spouse can simply withdraw the petition if it has already been filed. Technically, you are no longer eligible to adjust. You should speak with an experienced immigration lawyer to discuss what options may be available to you.
Answered on Dec 19th, 2011 at 7:03 PM
Criminal Defense Attorney serving New York, NY
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Law Offices of Nicklaus Misiti, PLLC
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Depending upon how long you have been here and whether you fear persecution from your country, you may qualify for asylum.
Answered on Dec 19th, 2011 at 3:48 PM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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Once you marry him and filed your I-485, you can continue the process(he cannot cancel your I-485). USCIS may approve your I-485 if your marriage is found bona fide.
Answered on Dec 19th, 2011 at 3:42 PM
Immigration and Naturalization Attorney serving San Francisco, CA
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The Law Office of Christine Troy
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If your spouse no longer wants to move forward, he or she can withdraw the petition. As you are no longer able to obtain the green card you are supposed to depart the US. You are not allowed to petition via someone else under these circumstances. You should have a consult with a competent immigration attorney in your area to review your case and look at long term options, in case you want to come back to the US.
Answered on Dec 19th, 2011 at 3:38 PM