Am I able to ask for my sponsorship application to be withdrawn in a divorce or is that something seperate that I have to do in my own?

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Am I able to ask for my sponsorship application to be withdrawn in a divorce or is that something seperate that I have to do in my own?

My spouse is not a U.S. citizen and I am his sponsor. I would like for my application to be withdrawn with the divorce. I read that even after a divorce the application can still be valid and I can still be his sponsor, as well as his family, or do I have to do that seperate and on my own?

Asked on July 24, 2017 under Immigration Law, North Carolina

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Are you asking for the petition for your spouse to be withdrawn or has your spouse already been granted immigration status and you are only asking about the sponsorship?  If the former, and your petition is based on marriage, the entire process will be terminated if there is no longer a valid marriage.  However, if your spouse has been granted status and you are only asking about sponsorship, then it will not be terminated because it remains in effect even if you are divorced.


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