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Will my application for green card be denied if my husband divorces me before my interview?

Brooklyn, NY |

I have been married to my US citizen husband now for 6 months and he left me for another woman. My application for my G/C has been filed. I just need to do the biometric. What do I do?

Attorney Answers 4


  1. You have problems.

    Yes, if he divorces you ... or doesn't appear for the interview ... you will be denied.

    Meet with an immigration lawyer as-soon-as-possible.

    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.


  2. Yes. Divorce will result in a denial of your I-130. since your green card application is based upon your marriage.

    Please be advised that the information contained herein is provided for educational purposes only and is not intended to be legal advice. Further, in the absence of a signed retainer agreement or letter of engagement between the recipient hereof and the author, the transmission of this information does not create an attorney-client relationship.


  3. My colleagues are correct. There will be an interview in a separate meeting months after biometricts. If you husband does not show up, then it is likely that USCIS will deny the I-130 petition and adjustment.

    There may be other options, but I strongly recommend an appointment with a competent and experienced immigration attorney.

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


  4. It will likely be denied without him at the interview. File for divorce in family court based on abandonment and adultery. Then you might be able to do an I-360 vawa petition for your greencard alleging abuse or inhumane treatment. You may need to see a psychitriast to have a report to add to the petition.

    Hire a lawyer to protect your legal righs. Good Luck!

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