Will filing for divorce affect my husband's consular process? 10 Answers as of March 08, 2012

I have been married for 3 years and am currently in the process of legalizing his status in the US. His application has already been approved by immigration so now we are starting the consular process. However, I am considering filing for divorce. Will that affect him in any way?

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Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
Yes, if you are divorced, he will no longer be eligible for an immigrant visa.
Answer Applies to: California
Replied: 3/8/2012
Immigration Attorneys, LLP | Robert R. Gard
Yes, it will likely have an effect if it comes to light, whether he is a derivative or principal beneficiary of an I-130 that you filed for him. While an immigrant visa could be approved under the law so long as the divorce hasn't been finalized, don't expect the consular post to hurry up and approve your husband's immigrant visa before the divorce proceeds to its conclusion. If anything, if the consular post determined that a divorce had been filed, they may drag out processing until the divorce is finalized and they could be on very solid ground in a denial. If you have already filed an I-864 Affidavit of Support, you're on the hook for that anyway, and the divorce won't terminate that responsibility, so why not wait? If you haven't filed the I-864 Affidavit of Support (and one is required by the consular post), then refusing to file the I-864 would prevent that obligation from arising, and no immigrant visa would be issued if the I-864 were a pre-requisite.
Answer Applies to: Illinois
Replied: 3/8/2012
Law Offices of David Stoller, PA | David H. Stoller
Thanks for your inquiry. If uou are tryong to file for your husband's immigration status baed on your marriage, a divorce will automatically revoke any petition that you have filed on his behalf. With that said, separation does not work to automatically revoke the visa petition you have filed on his behalf. My suggestion is that you make an appointment to discuss the situation with a competent attorney. This may be a workable situation with the right guidance.
Answer Applies to: Florida
Replied: 3/8/2012
U.S. Immigration Law Group, LLP | Lisa D. Ramirez
If you file for divorce, the basis of the approved petition will no longer be valid. If you filed the petition for him as his spouse, you need to remain married for him to complete the process.
Answer Applies to: California
Replied: 3/8/2012
Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
Immigration benefits are based on relationship and if the relationship ends or is not bona fide anymore, the benefit will cease if not granted already. In your case, your husband's case is still pending and therefore it will stop.
Answer Applies to: Nevada
Replied: 3/7/2012
    Law Office of Rebecca White
    Law Office of Rebecca White | Rebecca White
    He entry into the US on an immigrant visa will be dependent upon the on-going good faith nature of the marriage. If you have filed to end the marriage before he comes in to the US on the immigrant visa he may not be able to remain in the US or maintain his permanent resident status.
    Answer Applies to: Washington
    Replied: 3/7/2012
    Fong & Associates
    Fong & Associates | William D. Fong
    Yes, if he is divorced, he does not qualify for the spouse visa.
    Answer Applies to: Texas
    Replied: 3/7/2012
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    Yes, he will not be eligible for an immigrant visa if the marriage upon which it is based has been terminated or in the process of being terminated.
    Answer Applies to: New York
    Replied: 3/7/2012
    Seifert Law Offices | Lisa Ellen Seifert
    Yes, it will likely cancel his case.
    Answer Applies to: Washington
    Replied: 3/7/2012
    Baughman & Wang
    Baughman & Wang | Justin X. Wang
    Legally no unless the divorce becomes final before he receives immigrant visa. However, if the consulate officer knows of the pending divorce, it mat affect his chance.
    Answer Applies to: California
    Replied: 3/7/2012
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