I sponsored my husband's green card application and the interview date will be after two weeks. However, I already filed for divorce with him several months ago and the divorce has not been finalized yet. Can I still go to the interview? Is it legal? Thanks!
Yes, you can still appear at the interview with your husband; however, there may be issues with his green card application because of the pending divorce. USCIS will determine whether the two of you are in a bona fide relationship and marriage. If a decision on your husband's green card application is not made before the completion of divorce proceedings, your husband will no longer be eligible for a marriage-sponsored green card. I would advise consulting with an immigration attorney to discuss your husband's case in greater detail.
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I agree with my colleague. You need to prove that both of you entered into the marriage in good faith. If it is already ending, it will be hard to prove this.
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You should not appear without consulting with an attorney. There is a danger of not qualifying and thus getting a NTA.
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I agree - you can still appear, but it won't be as easy as you think. The Service will be banking on you not being represented by an attorney. Without an attorney well versed in immigration and nationality law, you risk going into this interview unprotected. You should seek to retain an immigration attorney now to prepare for the interview.
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Whether you go or not, the divorce means he cannot get a green card through your marriage.
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You can go, but the pending divorce prior to even going to the interview makes it virtually certain the green card will be denied. Perhaps if the relationship is very long term prior to the petition and the evidence is overwhelming there is a chance, but you need to speak with a lawyer to review this for a better idea.
Perhaps I am misunderstanding your question as my colleagues are interpreting it to mean you are the beneficiary of the petition when I read your facts to mean you are the petitioner (USC or LPR). Assuming I am correct, there is no reason for you not to go if you and your husband got married in good faith and you still want him to be a resident of the United States. The fact that you are experiencing marital difficulties does not mean the case cannot be approved. You will of course need to be truthful about your current marital status to the interviewing officer. I suggest you and your husband consult with an experienced immigration attorney who can assist you with this process.
While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.