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My USA citizen husband ( staying in Florida ) had filed for I 130. But he has changed his mind !

Miami, FL |

I am an Indian citizen, staying in India. We are on last stage of I 130. My husband has not payed I 864 ( affidavit of Support ) fees. I dont know whether he has filled I 864 or not. I have filled DS 260. He has not even paid DS 260 fees. He wants divorce now, and says that he has stopped procedure. But I do not see any file rejection status on uscis.com and ceac.state.gov . Can uscis and NVC reject our I 130, if application is given at this stage ? I dont want to divorce him. Can you tell me whether divorce can happen at this stage, or National Visa Center ( NVC ) will process our I 130 ? Is my signature required for divorce in USA ? I do not have visa for USA.

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Attorney answers 5

Posted

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.

Asker

Posted

Will there be any change in status of I 130 on uscis.com and ceac.state.gov ? Also can i get visitor visa, once I 130 is cancelled ?

David Alexander Concha

David Alexander Concha

Posted

If the I-130 was approved and USCIS isn't informed of the divorce. It is possible for it not to show up on the website. However, at the consulate interview these issues would show up anyway.

Asker

Posted

Can i get tourist visa ?

David Alexander Concha

David Alexander Concha

Posted

You can always try, but there is no guarantee.

Posted

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.

Asker

Posted

Can i get tourist visa ?

Gunda Johanna Brost

Gunda Johanna Brost

Posted

In theory, yes, so you can always try; however, with an I-130 filed in your background they may suspect immigrant intent and deny a tourist visa.

Posted

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.

Asker

Posted

can i get tourist visa ?

Posted

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.

Posted

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.