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Can i get divorced before his permanent green card arrives! Ita still pending we sent application aug 2012.

Elmhurst, NY |
Filed under: Immigration Green cards

Im married to my husband. But we been seperate for 1 yr going to 2. Unfortunatly things didnt work out. We sent application for his permanent resident . And they extend his temporary for another yr. can we file a divorce now before his permanent arrives? Because i cant continue being married. I have my partner and we planning to move away from united states. Can anyone help me please. Thank you so much!

Attorney Answers 4


  1. His petition should be revoked if you divorce, which will make the adjustment or consular processing impossible. It seems that you may seek help to expedite a decision, but it is unclear whether your husband wants to pay a competent attorney to seek relief in Federal Court through mandamus before you divorce.

    He may have other forms of relief, so you both need to sit down with a competent and experienced immigration attorney to decide what is best based upon the situation. You want to move on and there is no reason why he should hold you back if he is unwilling to challenge the USCIS based upon the unreasonable delay. Good luck.

    This is general information, not legal advice, and does not create an attorney client relationship.


  2. Due to the enormous importance of this issue, I would strongly recommend that you consult an immigration lawyer, whether myself or one of my colleagues, and obtain professional assistance. Good luck to you.

    ---------------------------
    Dean P. Murray
    The Murray Law Firm
    560 Sylvan Avenue
    Englewood Cliffs, NJ 07632
    T: (201)875-2600
    F: (201)549-8700

    Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, and attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual.


  3. He must ... and I do mean must ... meet with an immigration lawyer before divorce is filed.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  4. Have your husband meet with an immigration attorney before he becomes your ex husband.

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

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