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Will my green card application be rejected/denied if myself and my U.S citizen husband have recently separated?

Grand Prairie, TX |

Iamcurrentlyawaitingonadecisiononmygreencardstatus,butmyselfandmyhusbandwhoisaU.ScitizenhavejustrecentlyseparatedafterIfoundouthewascheatingonmeandshemightbepregnantwithhischild.Ourinterviewhappenedattheendof2012andwereceivedaletterfromUSCISamonthagostatingtheywouldcontactussoonaboutadecision.I'mworriedaboutwhatwillhappen,ifourapplicationrequiresa2ndintervieworfurtherevidenceofmarriageaswearenowseparated.WheredoIstandwiththis?

I am currently waiting on a decision on my green card status, but myself and my wife who is a U.S citizen have just recently separated after I found out she was cheating on me and she might be pregnant with his child. Our interview happened at the end of 2012 and we received a letter from USCIS a month ago stating they would contact us soon about a decision. I'm worried about what will happen, if our application requires a 2nd interview or further evidence of marriage as we are now separated. Where do I stand with this?

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Attorney answers 3

Posted

A marriage, among other things, must be bonafide--I would consult an immigration attorney as there are numerous pitfalls to proceeding erroneously relating to your immigration future. USCIS does realize people often separate even though their intentions were honest and genuine when the petition was filed and adjudicated.

Posted

It might still be approved if you guys passed the interview. But if it is a conditional residence, what will you do when the time comes to remove the condition? See a good attorney for an advice.

Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova , New York Immigration Attorney http://www.shautsova.com Blog: http://www.russianspeakinglawyerny.com

Posted

You really need to retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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