What can I do if my petitioner wants to get a divorce and stop my visa process? 11 Answers as of December 20, 2011

If the adjustment of status (AOS) has NOT been granted, and the US citizen divorces his/her alien spouse (t he beneficiary), permanent resident status will not be possible through that relationship. If divorce takes place after AOS and conditioal permanent residence are granted, the general rule is that the conditional permanent residence ends. But it is possible for the alien spouse to file a waiver application and be granted LPR status, if he or she can show that the marriage was entered in good faith (not a sham, fraud) and that the beneficiary was not at fault for the failure to file the joint petition to remove the condition.

Try to convince your spouse to go for marital counseling or to consult with friends.

If the petitioner does not want to continue, there is nothing you can really do unless you were the victim of abuse.

A lot, perhaps, but I strongly recommend an appointment with a competent and experienced immigration attorney. However, this can get complicated and you have to decide whether pursuing this matter is important to you.

Your spouse can simply withdraw the petition if it has already been filed. Technically, you are no longer eligible to adjust. You should speak with an experienced immigration lawyer to discuss what options may be available to you.

Depending upon how long you have been here and whether you fear persecution from your country, you may qualify for asylum.

Once you marry him and filed your I-485, you can continue the process(he cannot cancel your I-485). USCIS may approve your I-485 if your marriage is found bona fide.

If your spouse no longer wants to move forward, he or she can withdraw the petition. As you are no longer able to obtain the green card you are supposed to depart the US. You are not allowed to petition via someone else under these circumstances. You should have a consult with a competent immigration attorney in your area to review your case and look at long term options, in case you want to come back to the US.

We would need additional regarding your marriage and the status of your divorce. Sometimes, you are still able to adjust your status depending upon the status of the immigration case and the divorce case. In other instances, you must return to your native country as you cannot adjust your status through any other petition with the exception of a VAWA petition and/or asylum claim, if you fear returning to your country.

You won't be granted a green card without your spouse's support during an interview. It is time consider self-petition as battered spouse if your spouse abuses you physically or verbally. You should consult an attorney for him or her to evaluate your case.