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Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 4751
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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, I had filed I-130 and I -485. Got the work permit in

Customer Question

JA: Hi. What seems to be the problem?
Customer: 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?
JA: OK. The Immigration Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: no
JA: 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.
Customer: even we filed ourself
JA: Is there anything else important you think the Immigration Lawyer should know?
Customer: I don't think
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Immigration Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Jen Marie, Esq. replied 1 year ago.

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 .

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