Can my husband stay in the US? 3 Answers as of May 09, 2011

Its been 2 yrs since husband came to US via fiance visa. We married in 09 and then separated recently. Can he stay in the US after we divorce? I am not interested in deporting him, just would like to know more about this sort of situation. What does he have to do next, can he file for naturalization? Do I have to go to the interview? Thank you.

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World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
Yes he can stay, especially if you already took care of the I-751. The next step is naturalization. If you are still married by that time, then he can do it in 2012. If you divorce then he can do it in 2014. You do not have to go to the interview. Good luck!
Answer Applies to: California
Replied: 5/9/2011
William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
No he can't stay unless you have been married and together for two years.
Answer Applies to: Tennessee
Replied: 5/9/2011
Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
Your husband is allowed to petition for the removal of conditions, as long as your divorce is not final. That is the straight course. Since his marriage was less than two years old, he has a conditional visa (CR-1). You would likely be required to go to the interview, if called, unless he petitions for removal of conditions and shows additional evidence that the marriage was entered into to be together,, not for an immigration visa. In that case, you would not be required to go to an InfoPass interview. Once his conditions are removed, he is eligible for naturalization after 3 years. If you have further questions, feel free to call or e-mail.
Answer Applies to: California
Replied: 5/6/2011
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