If I change my mind after filing for divorce from my spouse, who does not have citizenship, will it help or hurt our chances of keeping her here?

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If I change my mind after filing for divorce from my spouse, who does not have citizenship, will it help or hurt our chances of keeping her here?

My wife and I have been married since 3/2015, and we had enough problems where I believed Divorce was the only choice. I filed in November 2016, and I am having serious doubts about whether I did the right thing. She, of course, now has the burden of proof to prove the validity of our relationship, and I am wondering if we tried to give our marriage another chance and canceled the divorce proceedings, how would it affect her immigration status? Be aware, I am only asking to genuinely save my marriage and prevent what I’ve come to realize is a huge mistake that I still love her and believe we can salvage our relationship.

Asked on December 14, 2016 under Immigration Law, California

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you have only filed but have had no determination about your marriage, I believe you can simply withdraw the divorce filing and then there is really nothing to disclose to immigration because no decision was taken by the court regarding the marriage.  Once you petition for the removal of conditional status, simply provide sufficient documentation of the bona fide nature of your  marital relationship.  Typically those are adjudicated on the basis of documentation alone and no interview if you supply sufficient evidence through documentation.


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