If I’m a US citizen married to an immigrate, will our divorcing affect his immigration status?

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If I’m a US citizen married to an immigrate, will our divorcing affect his immigration status?

We’ve been married for a little over 2 years now. I’m interested in getting a divorce however he hasn’t filed for his greencard. I still want to sponsor him as we have been together for over 10 years and we have a family together. We have just grown apart. Will me divorcing him affect his status or will it change me being able to sponsor him still?

Asked on December 3, 2014 under Immigration Law, Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

While it is not the best scenario for him, divorcing may not prove fatal his application.  What USCIS wants to see is that the wants was entered in to in good faith.  You have a family together so that should be an easy challenge to overcome.  I would, though, suggest that you seek the help of an immigration attorney as soon as possible.  Good luck.


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