Can my wife of 12 years stop my appeal for my green card by divorcing me? 4 Answers as of January 20, 2011

I was contacted by our lawyer that he can no longer represent us due to conflicting interests, that my wife conveyed information to him. I believe she is seeking a divorce in order to stop the petition for my green card.

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
If your green card application is based on your wife's petition then her cooperation is required. You may have other options for permanent residency through an employer or in some case as a self-petitioner. Contact my office to schedule a consultation and discuss fees and procedures.
Answer Applies to: California
Replied: 1/20/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
If you are applying for a Green Card based on an I-130 petition by your wife, the answer is Yes, she can stop the process by divorcing you or just by withdrawing the I-130 petition. If the appeal is based on the I-130 being denied she can also stop the appeal since she is the petitioner and the petitioner controls the appeal of the I-130. The person who files the petition has the right to withdraw the petition at any time up until the beneficiary is granted their Green Card.

Whether you have the right to file an self petition (Form I-360) depends on whether you are the victim of spouse abuse or cruelty by your wife.
Answer Applies to: California
Replied: 1/14/2011
Theresa E. Tilton, Attorney at Law
Theresa E. Tilton, Attorney at Law | Theresa E. Tilton
The immigration petition belongs to the US citizen. It is her right to withdraw her petition at any time.

If your marriage has broken down, your wife cannot swear that it is good just to qualify you for a green card.

You need to see a lawyer regarding the possibility that you may self-petition. You will have to prove that you did have a good-faith marriage, but it has since broken down.
Answer Applies to: Washington
Replied: 1/13/2011
Marie Michaud Attorney At Law
Marie Michaud Attorney At Law | Marie Michaud
A US Citizen spouse can stop form I-130. You have to look for another attorney who never represented your wife. Maybe some other options are available for you.
Answer Applies to: California
Replied: 1/13/2011
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