QUESTION
What is the best approach to take to continue get a green card if my husband withdraws i-130 and fik d for divorce?
Asked on Jun 16th, 2016 on Immigration - Connecticut
More details to this question:
I came to America on a visitors visa and got married after been in the country for almost 5 months. We filed i-130 and i-485 concurrently but now my husband wants a divorce and plans to withdraw i-130 because he wants to get back with his baby mother and start a life with her.
1 ANSWER
You will not be able to continue the green card process if your husband withdraws the Form I-130. Your spouse is not obligated to petition for you. He is allowed to withdraw the petition at any time. Unfortunately, this leaves you in a precarious situation as without an underlying immigrant visa petition you cannot adjust your status to lawful permanent resident. You cannot self-etition simply because your marriage fell apart. http://myattorneyusa.com/adjustment-of-immigration-status.
Answered on Jun 16th, 2016 at 12:40 PM