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Can I get a green card if my husband (the petitioner) has filed for divorce before the green card process was completed?

Portland, OR |

I am a Canadian citizen and married my husband (a U.S. citizen) 32 years ago. 9 years ago he filed the I-130 but never finished the process (because he never paid the filing fee) and now he is divorcing me. What are my chances to adjust my status now?

Attorney Answers 2


If he did not pay the fee, I -130 is not even filed. It is not just incomplete, it is simply not filed.

if he is divorcing you, then he should not even file I-130 for you.

Your chances to adjust status based on marriage are nil.

You should consult an attorney in your area or any immigration attorney on phone to get the advise.

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When the I-130 was mailed to INS, did you or him receive a receipt. Often times, people in divorce proceedings will claim the application was never completed etc.... You can contact USCIS to determine if a petition has even been filed for you. Also, an approved I-130 does nor automatically give you teh right to adjust. It only confirms the relationship exists. If you are devorced, the I-130 petition of your "ex" husband would not be the correct current status. You should contact an immigration attorney who can assist you as to what options if any you have. Good luck.

Legal disclaimer: The statement above is provided by CC Abbott is based on general assistance and not intended to be a legal opinion because not all the facts are provided. The person requesting information and all others reading the answer should retain an attorney who is permitted by the state bar within the jurisdiction who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by CC Abbott does not create an attorney/client relationship within any state of Federal law.

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1 comment

Lisa Michelle Anderson

Lisa Michelle Anderson


I agree you should consult an immigration attorney. If the I-130 was filed but no I-485 was filed, you may have an approved I-130 but if you divorce before you receive your greencard, you will not be able to use that I-130 anymore. It sounds like the I-130 was filed a long time ago; check the exact date of filing; if it was before April 30, 2001 that may help you adjust based on a new case. Also, if your ex-husband ever abused you, emotionally or physically, you may have a claim to a greencard based on that abuse if you can proof it or have credible testimony. Consult an immigration attorney for assistance on this to see what your real options are.

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