QUESTION

will I lose my chance to a green card?

Asked on Mar 02nd, 2013 on Immigration - Hawaii
More details to this question:
my wife is divorcing me and my I-130 is still in process, I'm in the US with an overstay visa,we entered the marriage in bona-fide but now she changed her mind
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2 ANSWERS

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
If the I–130 has not been approved, you will not likely be able to obtain permanent residence through the marriage even though the marriage was bona fide in its inception. Even with an approved I-130 petition, immigration officers will not allow an adjustment of status application to permanent residence continue if the US citizen spouse refuses to continue the case. In the event of separation but no final divorce, there is a possibility of the case continuing if the US citizen spouse consents to its continuation. In the event of a divorce, no continuation of the case would be allowed.  Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Mar 17th, 2013 at 11:18 AM

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Immigration Law Attorney serving St. Louis, MO
Partner at CoxEsq, PC
2 Awards
You'll have to explain what you mean by your I-130 being in process.  When did you file and what other applications have you filed?
Answered on Mar 06th, 2013 at 12:41 AM

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