My Spouse Filed for Divorce While My I-130 was Pending. What Can I Do?
Filing for divorce is NOT the end of the permanent resident process. Marital problems can be part of a bona fide marriage, which is essential to getting an I-130, Petition for Alien Relative, approved. However, a FINAL divorce decree could end an I-130 process.
My Spouse Filed for Divorce While My I-130 was Pending. What Can I Do?
An I-130, Petition for Alien Relative, also called a “Marriage-Based Petition”, is the first step of the permanent resident or green card process.
The I-130 is required when:
Your spouse is inside the United States;
Your spouse is outside of the United States;
Your spouse entered the United States illegally; and
Your spouse is in removal or deportation proceedings.
The next steps of the permanent residence or green card differ substantially based on the category above your spouse fits in.
Filing For Divorce Will Not Necessarily End The Permanent Residence Process
An I-130 based on marriage requires a showing to USCIS (United States Citizenship and Immigration Services) that you and your immigrant spouse have what is called a “bona fide” marriage or genuine marriage. This does NOT mean you and your spouse have the “perfect” marriage.
A bona fide marriage means is that the two people intend, from the start, to establish a life together as married persons. The marriage cannot be entered for the sole purpose of obtaining an immigration benefit or attempt to circumvent immigration laws.
Marriages, even marriages with a pending I-130, can have marital problems, including arguments, brief periods of separation, and even talks about divorce. Now, marriages that involve emotional, physical, financial, or any other types of abuse, are different. Please see our article “It’s Unsafe to Stay in My Marriage, but I Need a Green Card- Domestic Violence and the U.S. Immigration System”.
How Long Does it Take USCIS to Approve an I-130 Application in Houston, Texas
In the Houston- area it takes approximately 16 to 24.5 months for USCIS to schedule an interview — that is 2 YEARS. In 2 years it is completely normal to have disagreements and martial problems, including a divorce filing. Keep in mind the 60 percent of marriages end in divorce in the U.S.
So the USCIS office will understand if you and your spouse have martial problems or have filed for divorce in the past. Let’s be clear, the divorce cannot be final. An I-130 can NOT be approved if the divorce is final.
Filing for divorce is not encouraged (outside of instances of violence and abuse) and should not be done lightly.
Now, it is important to note that USCIS will look more closely at the evidence submitted with the I-130 application and at the time of the interview. USCIS may even conduct something called a field visit; however, a divorce filing alone will not result in an automatic denial of the I-130 petition.
What Should I Do if My Spouse and I are Having Marital Problems?
Considering it takes USCIS approximately 24 months to schedule an interview, it is important to do the following throughout the marriage—from I-130 filing until the interview. These actions are especially important if you and your spouse are having marital problems or considering divorce.
Continue gathering proof of a bona fide marriage, including joint tax returns, joint bank statements, photos together, etc. For more information on preparing for your permanent resident interview click here.
Prepare for a field visit. A field visit is a part of the USCIS investigation that consists of immigration officers visiting your home, place of employment, and verifying the information in your I-130 application.
Prepare for the I-130 interview with an experienced immigration attorney.
Attorney for Green Card in Houston
Attorney Tatiauna Holland is an experienced immigration attorney. She has represented hundreds of clients across the Houston-area, including Conroe, Sugar Land, Katy, and Missouri City, with their immigration matters, including permanent residence, naturalization, VAWA, DACA, U-Visas, and more.
Contact the Holland Law Firm, PLLC at 832-328-7877 or submit an online form with any of your immigration questions.
The Holland Law Firm, PLLC represents clients with U.S. immigration issues anywhere in the world and throughout the U.S.
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