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

Asked almost 2 years ago - 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. F. J. Capriotti III

    Contributor Level 20


    Lawyers agree

    Answered . 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... more
  2. Kevin Lawrence Dixler

    Contributor Level 20


    Lawyers agree

    Answered . 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.
  3. Michael Colin Barrows

    Contributor Level 12


    Lawyers agree

    Answered . 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... more
  4. Jeffrey Jose Estrella

    Contributor Level 13


    Lawyer agrees

    Answered . 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!


    Jeffrey J. Estrella, Esq.
    Licensed Attorney and Counsellor At Law/Abogado y Licensiado
    Licensed in New York, New Jersey, and Connecticut
    The Estrella Law Firm, P.C.
    75-20 Astoria Boulevard, Suite 170
    Inside The Bulova Corporate Center
    Jackson Heights, NY 11370
    T. (347) 628-2391
    F. (718) 672-4728
    E. Estrella.Jeffrey@gmail.com

    The answers posted herein are not legal advice and no attorney-client relationship exists. Call for a free 20... more

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