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Divorced before the immigration Interview

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  • Divorced before the immigration Interview

    My wife and I applied for a green card through my brother in law, who is an American citizen back in 1990. in 2005 the case was approved and by that time we had 2 children. During these 15 years, I had business in my home country and there was no way I could simply leave it and immigrate, so we added them to the case, completed all the procedures and I sent my wife and my two kids (immigrated) to the US while I stayed ( as a non-travelling applicant).
    From 2006 till 2012 they kept travelling back and forth to visit me and stay their vacations. Now in late 2011 my wife became a US citizen and so my son (was under 18) while my daughter is still a legal immigrant. I never entered USA during this period.

    During my plans to gradually exit from my business in my home country and join my family, and in 2012 things were not very well between me and my wife and we divorced. When I tried to activate my green card, of course, my ex-brother in law would not do the Affidavit of Support for me (since he was the Peitioner) .
    Last month I managed to get an Affidavit of Support from am American friend and started the process.

    The Immigration Visa section at the US embassy in my home country accepted the Affidavit of support and asked me to send Marriage certificate, police certificate, medical test results and birth certificate. I guess the next step they will ask me to fill a DS-230 where I will admin that I am divorced.

    Now, the divorce occured 6 years after the case was approved and the marriage lasted for 22 years. Will the divorce cause any problems pursuing my Green Card?

  • #2
    Originally posted by Moldova View Post
    My wife and I applied for a green card through my brother in law, who is an American citizen back in 1990. in 2005 the case was approved and by that time we had 2 children. During these 15 years, I had business in my home country and there was no way I could simply leave it and immigrate, so we added them to the case, completed all the procedures and I sent my wife and my two kids (immigrated) to the US while I stayed ( as a non-travelling applicant).
    From 2006 till 2012 they kept travelling back and forth to visit me and stay their vacations. Now in late 2011 my wife became a US citizen and so my son (was under 18) while my daughter is still a legal immigrant. I never entered USA during this period.

    During my plans to gradually exit from my business in my home country and join my family, and in 2012 things were not very well between me and my wife and we divorced. When I tried to activate my green card, of course, my ex-brother in law would not do the Affidavit of Support for me (since he was the Peitioner) .
    Last month I managed to get an Affidavit of Support from am American friend and started the process.

    The Immigration Visa section at the US embassy in my home country accepted the Affidavit of support and asked me to send Marriage certificate, police certificate, medical test results and birth certificate. I guess the next step they will ask me to fill a DS-230 where I will admin that I am divorced.

    Now, the divorce occured 6 years after the case was approved and the marriage lasted for 22 years. Will the divorce cause any problems pursuing my Green Card?
    In short, you are in Consular Processing based on being the dependent (husband) of a benificiary of an approved family-based petition (the I-130 you and your wife applied for based on her brother's citizenship). Since you no longer meet the requirements of the "dependency" (being married), your application will most certainly be denied.

    However, there is another way for you to get your green-card: once either your son or your daughter are a) a citizen -and- b) over 21 years of age, they can file a family-based petition on your behalf. This type of greencard is not numerically limited. You will have to wait until either your son is 21, or your daughter becomes a citizen (and 21 as well, I cannot make that up from your post)

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