A divorce can happen at any stage so long as he meets the requirements for divorce in the state he is living in. He typically would have to serve the complaint for the divorce and have proof of that for the divorce to go through. If he divorces you, you should not be able to immigrate, given that the basis of your petition is marriage. Hopefully, he will have a change of heart.
Even if the I-130 is approved, if divorce ensues, the basis for the I-130 disappears and therefore it would no longer remain valid once you are requested to prove the marriage on which it was based.
Gunda J. Brost Brost Law Office This advice does not form an attorney-client relationship and is merely informative. It should not by itself be relied upon to address a legal concern.
Unfortunately, a divorce would result in a revocation of the I-130 petition meaning you will not be able to immigrate to the U.S. based on this I-130 petition.
I am providing this general advice based on the information given and my understanding of that information. This is general advice . This advice is not intended to give a legal opinion. This advice is not intended to create an attorney-client relationship. I strongly advise you and your husband to contact a lawyer about the specific facts of your situation.
Well, as ridiculous as it might appear to you, he is entitled to change his mind and you can do very little about it legally.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
He can get a divorce in US and is allowed to change his mind, and can crash the entire immigration process. Immigration issues aside, as a lawyer in India, I will tell you this: This whole situation is not as simple as it sounds. Divorce in India is a nightmare for both the parties. If the marriage took place in India, most of the Indian courts will not honor a US divorce decree. There are several policy reasons for that. In India either it has to be a fault based divorce or 'by mutual consent'. Indian nationals don't have visas to go to US, and Indian courts want to shy away from ex-parte divorce decrees, and have in several instances refused to enforce US divorce decrees. Like you said, if you don't want to give divorce, situation becomes very complex.
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