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Would like to know how to get a divores from a immigrant spouse been married five yrs and have two kids.

she appiled for her green card but haven't recieved it yet. by me filing a divorce what obligation will i have? will she still get her card?

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Attorney answers (1)

Reputation Level 11
If the case is still pending and you divorce that would be the end of the case since the relationship that the visa application is dependant on no longer exists. If you file for divorce and hte divorce case is still pending than the case can still go on. Of couse, USCIS doesn't like that and often bogs those cases down until the divorce is final and then denies them for he reason above. My suggestion is that since there re two children involved and I assume you want them to have access and be raised by both parents you really need to discuss the specifics of your case with an immigration attorney before you file anything.

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