My husband has a temporary green card I want to withdraw my sponsorship and divorce. What happens when I withdraw and how?

Asked over 1 year ago - Atlanta, GA

Need to withdraw and divorce we only lived together 4 months into marriage but I went with him to interview because he promised change a year later still same arrangements no real communication never see him ignored most times lots of promises no action..etc

Attorney answers (4)

  1. Alena Shautsova


    Contributor Level 20


    Lawyer agrees


    Answered . Well, you can divorce him, but withdrawing your petition just because he is not willing to change, is not appropriate.

    Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may... more
  2. David Nabow Soloway

    Contributor Level 17


    Lawyers agree

    Answered . Generally, both spouses jointly file a Petition to Remove Condition as the process for advancing from "temporary green card" (also called "Conditional Resident Status" or a "2-year Green Card") to full Lawful Permanent Resident Status. When spouses divorce, obviously the two spouses do not jointly file, but the foreign national spouse may file by her/himself and seek a waiver of the usual requirement that the couple file jointly. To succeed in this way the foreign national spouse must submit a particularly strong set of documents proving that the couple had lived together in a bona fide marriage notwithstanding that the marriage ended in failure. In no event is the U.S. citizen spouse able to somehow cancel his/her Affidavit of Support filed in connection with the original adjustment of status process.

    [Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

    David N. Soloway
    Frazier, Soloway, Poorak & Kennedy, P.C.
    1800 Century Place, Suite 100
    Atlanta, Georgia 30345
    404-320-7000 * 1-877-232-5352 *

    [Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal... more
  3. Stephen D. Berman

    Contributor Level 20


    Lawyers agree

    Answered . Once a visa is issued, it cannot be withdrawn.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an... more
  4. Kristina A. Gasson

    Contributor Level 12


    Lawyers agree

    Answered . I'm sorry you are having trouble now. In order to convert his green card to a permanent one, you can both complete an I-751 petition to remove the conditions on the green card. However, if you refuse to sign the joint petition, he can divorce you and file with a divorce waiver or apply for a hardship waiver. - Disclaimer: This a general answer to your legal question. Unless you have a signed engagement... more
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