Can he still get his permanent residence? 2 Answers as of June 28, 2012

i sponsored my husband on a K1 visa. The marriage is not working out. His conditional green card expired. I want a divorce and he is refusing to sign the papers. He is pursing his green card. We had an interview scheduled and I did not attend. We have another one scheduled for today and I am not attending, he is going on his own. Can he still get his green card?

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Law Office of Bijal Jani | Bijal Jani
He would have to appear at the interview and it would be up to USCIS to determine if the marriage is a bona fide marriage and not one that was entered into for immigration benefits. His immigration situation should not stop you from pursuing a divorce.
Answer Applies to: New York
Replied: 6/28/2012
Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
Your husband may still be able to obtain a green card based upon your marriage. He would need to demonstrate the marriage was entered into in good faith. That being said, he will likely be unsuccessful before USCIS. These types of cases are not typically granted by USCIS unless both spouses appear for the interview. However, if and when his case is before the Immigration Court, he may be able to argue that he should be able to retain his green card. As for the divorce, you do not need his consent to divorce in most jurisdictions. However, a contested divorce can often take longer to complete.
Answer Applies to: New York
Replied: 6/28/2012
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