I have an ongoing petition for my husband for green card but I’m planing to divorce my husband. Will the petition be affected?

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I have an ongoing petition for my husband for green card but I’m planing to divorce my husband. Will the petition be affected?

My husband is in student visa and I petition him for a green card last year but no approval yet. I am not happy with the marriage but I’m thinking about his future too. Will the petition be affected if I file for divorce?

Asked on June 21, 2009 under Family Law, Texas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Yes the petition will most likely be impacted, especially if it was considered a sham and you haven't been married long.  Without you, he won't have a sponsor -- i.e., the whole reason to grant green card and then citizenship was your marriage.

Hurry up and seek a full review by an immigration attorney to determine if there are any other routes for him. Try www.attorneypages.com and check his or her record at the Texas State Bar.


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