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Georgetown Lawyer
Georgetown Lawyer, Immigration Lawyer
Category: Immigration Law
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Experience:  10+ years of Immigration Experience in All Areas A-Z complex immigration cases & issues in all areas
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Hello! I need help about immigrant visa. I am russian citizen

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Hello! I need help about immigrant visa. I am russian citizen living in russia. My husband is Usa citizen living in NY. Got married august 2009. The green card prococess on my behalf started in february 2013. Now we have a very tough relationship between us and as i have found he decide to postpone the process. The petition was approved in july this year. The last thing he did is payment for Affidavit of Support fees in september 2013. Is it possible that USCIS or NVC will cancell the whole process due to the fact that petitioner postponing the process?
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Yes, if he does not finish the process within one year from his last contact with NVC, they will close the case. He is the petitioner and it is up to him to move the case forward. I hope this helps clarify.

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Customer: replied 3 years ago.

Lisa, thank you very much for your answer. I also would like to find out if i have such unaccomplished case could it be possible for me to get a student visa as i am applying to us universities?

You're welcome. You could get a student visa but the immigrant case would need to be closed out and you would need to not be married to a u.s. citizen. They will most likely deny any non-immigrant visa you file because they will think you are trying to come here permanently since you already have an immigrant petition that almost concluded. So to file for a non-immigrant visa petition on the heels of an immigrant visa case would probably not be successful, especially if you are still married. I hope that helps clarify. Thanks and kind regards.
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