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, I had filed I-130 and I -485. Got the work permit in…

Customer Question
I had filed I-130...

I had filed I-130 and I -485. Got the work permit in dec 2015. Still waiting for interview call. But in the meantime my wife who is usa citizen wants to get divorce. what to do?

Lawyer's Assistant: OK. The Immigration Lawyer will need to help you with this. Have you consulted a lawyer yet?

No

Lawyer's Assistant: Please tell me everything you can about this issue so the Immigration Lawyer can help you best. Please give me a bit more information, so we can help you best.

Even we filed ourself

Lawyer's Assistant: Is there anything else important you think the Immigration Lawyer should know?

I don't think

Submitted: 2 years ago.Category: Immigration Law
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Answered in 8 minutes by:
2/19/2016
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 2 years ago
Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 6,994
Experience: She has worked on all types of U.S. Immigration cases since 2007.
Verified

Hello, my name is ***** ***** I will be the immigration attorney helping you today.

I'm so sorry but I am not going to have very good news about this for you. It will not be what you want to hear and I wish I had better news but I have to be honest. I hope you can rate me based on my service and not good or bad news.

Unfortunately, if your wife wants to divorce you and will not attend the interview with you, then your case will be denied. Legally, there is no way to force your wife to continuing petitioning you. If you two are not together then she cannot. However, if you two decide to reconcile and she does go to the interview with you and you pass, then you should be fine. You would became a permanent resident and depending how long you have been married at that point you either get the temporary greencard or permanent green card. Once you have one of those, even if you divorce later after that, you will be able to keep your green card if you can prove it was a real marriage later. But if you divorce before your first interview and your wife doesn't go to the interview, you will be denied a green card.

The only thing you can do if your wife goes through with the divorce and does not go to the interview would be to file as a VAWA victim of domestic violence if your wife has even physically abused you. You would need evidence such as a police report.

I'm sorry again.

I know immigration issues sometimes seem complicated and confusing. If at any time you would like to have a more detailed consultation by phone or if you need help with application preparation or review, I can send you an offer for this legal service to you for a reasonable fee later on. You don't have to decide if you would like that now, but just letting you know it's an affordable option for you to keep in mind.

Good luck to you during this process and I hope this answer has helped you!

If you are not satisfied with my answer or if I did not understand your question correctly, please ask me for clarification and I will be glad to clarify. Your satisfaction is my goal.

Please kindly remember to issue a POSITIVE RATING now before you leave this page by choosing from the ratings. This is very important since it is how I receive credit for my service from what you paid.
This question will NOT close after you rate me even though it says "To Finish..". So after rating me, feel free to ask me any follow up questions at no additional cost .

Any bonus you wish to provide will be very appreciated.

If you have other NEW questions in the future, you can make sure that I answer it for you if you start your new question post with the words "FOR JENNIFER " or write it in the Subject Line.

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Category: Immigration Law
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Experience: She has worked on all types of U.S. Immigration cases since 2007.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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