Can my husband petition for my green card after we have filed for divorce? 6 Answers as of January 06, 2011

My husband filed for my green card almost 2 years ago but we were later denied because he was arrested when it was time for our interview and therefore we could not attend. After this we separated, filed for divorce and being out of status I had to return to my national country. However, we have now reconciled and decided to give us another chance, so my question is, is it possible for us to withdraw the divorce petition, (we are yet to file for a judgment, we filed uncontested divorce), so my husband can begin the petition all over again?

Appreciate your advice and help.

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
I would tell you that it is easy, but that would be a lie. Your earlier denial is on record, and you would have to petition all over again. Your divorce is not final, and it can be dismissed, which would make you eligible to proceed with a new petition for a K-3 visa and a conditional residency. But the fact that you are filing a petition so soon after one aborted application may look to a consular official considering your application to be a fraudulent act, which would get both of you in trouble. However, your husband's initial petition should be granted, and if you have documented proof to show likelihood of remaining together, you may succeed in your interview for consular processing in your country at the U.S. embassy. If you wish to have my services, I will be glad to discuss the options available to you in a phone or in-person consultation. Call or e-mail me to set up that appointment, I look forward to hearing from you.
Answer Applies to: California
Replied: 1/6/2011
441 Legal Group, Inc.
441 Legal Group, Inc. | Gareth H. Bullock
Yes if a final judgment was never entered on your divorce then you are still legally married and he can still petition for you. However, if you left the Country you need verify that you did not trigger the 3/10 bar of inadmissibility as that would require a waiver to be filed with your application.
Answer Applies to: Florida
Replied: 12/22/2010
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
You would have to look at the law of the state where you filed. If no divorce decree is entered then you can just withdraw the petition with the Court. If decree is entered then you will need to re-marry. We would be happy to assist you in filing for your permanent residency through the marriage in any case. Contact me to find out how to get started.
Answer Applies to: California
Replied: 12/16/2010
Law Office of Baoqin Wang
Law Office of Baoqin Wang | Baoqin Wang
Yes you can still have him petition for you.
Answer Applies to: Oregon
Replied: 12/16/2010
William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
Yes if you were married for more than two years and it was not a sham marriage.
Answer Applies to: Tennessee
Replied: 12/16/2010
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