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Divorce within 2 years

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  • Divorce within 2 years

    I am the petitioner and the green card holder abandoned me and our child last may. He is currently still in the US and got a DUI and has a hearing next week. I have filed for divorce but he refuses to sign the papers because he doesn’t want to be deported. I feel like I was just used and I am incredibly angry. He has verbally abused me and I have made a police report about him threatening to kill me. The court will most likely grant a default judgement because if he doesn’t respond in 30 days. I have proof that he was served divorce papers. What can I do in this immigration case ? What are my options as the petitioner.

  • #2
    Nothing. You cannot really do much besides refuse to petition his extension. Nonetheless, he can file on his own if he's still under conditional green card (which I presume is the case since you're asking in the fiance visa forum). If he's divorcing you, divorce him, and move on. Sorry for your troubles, but it's not worth the trouble to go down any legal road besides going through divorce. Immigration will choose to either grant his green card or cancel it. It's up to them. But a criminal record is always a bad record for GC applicants.
    --Good luck--
    Good luck. I learned the hard way, I hope you don't have to. Immigration is interesting. Not considered as legal advice.

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    • #3
      Divorce and move on. His immigration status is between him and the government. He can apply for Removal of Conditions on his own on the basis of divorce. Whether it is approved is up to the government. Even if he doesn't apply or his application is denied, whether he is deported is also up to the government.

      This is my personal opinion and is not to be construed as legal advice.

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