anne_01 said:
I am concerned about the status question because number one, I am not so vindictive that I would want to see him have to leave the country, and number two, I don't know if I need to do anything with immigration to protect myself from being financially liable for him.
You say here that you don't know if you need to do anything with immigration to protect yourself from being financially liable for him, but I think even an idiot can read that your initially asked the impact of divorce on his immigration status, which proves in itself that you are here to know his chances of succeeding in immigration game after your divorce, and not about protecting yourself from any financial liability towards him; otherwise you would have asked that question initially.
In your initial posting, did you say anything about NOT BEING VINDICTIVE, and about PROTECTING YOURSELF FROM ANY FINANCIAL LIABILITY? If not, then why ONLY NOW you are talking about all this? You initial question was about only one concern as to the impact of your divorce on his immigration status. That is all. Don't try to sugarcoat things here ONLY NOW when I discussed about marriage fraud in this kind of situation. I'm not stupid. I was an immigration attorney, thus I know all the tricks in the book.
Nobody ever admits involving in fake marriage even if someone is definitely involved in such kind of sham marriage. However, I'm not saying that your marriage is indeed sham marriage. All I've said that in the light of your question-it suggests that your marriage is indeed a fake marriage. It has nothing to do whether you are a vindictive person or not. And I did not ask you why you have decided to end the marriage; rather what I've said earlier that if you REALLY care about his immigration status then you had not filed divorce because once parties get divorced then NOBODY can tell if alien would surely able to obtain the full green card.
Also, you have overlooked the fact that qualifying for filing I-751 is a different thing and getting approval on I-751 is another. This being said, just because your husband will be able to file I-751 by his own based upon divorce decree, that doesn't mean he will be able to prevail in this immigration game, especially when a green card in a marriage based case is granted for the sake of US citizen, and not for the sake of alien.
I think you should read my above reply again which is directed towards your initial question wherein I said very clearly that if you care that much about his immigration status, then you should not have filed for divorce. You can still withdraw your divorce and file once he gets his full green card if you REALLY still care about him; otherwise don't talk about not being vindictive or anything else and let him figure it out how he would gain his full green card. There is nothing you can withdraw. If anyone has told you about withdrawing then s/he is wrong. How can you withdraw anything, when nothing is pending?
It seems to me that you want both- a cake and icing on it. I mean-on one hand you want to divorce him because of WHATEVER REASON, but then on the other hand-you want US govt. to give him full green card so that he doesn't have to leave this country. Hello??? US govt. gave him the permission to live here because of marriage, then how can you expect them to still allow him to live here as if green cards are given for donation. Sorry. You cannot have both eggs in your bag. You've got to loose something. If you divorce him then NOBODY can tell you about his chances of obtaining a full green card. He can surely file I-751 based upon waiver, but there won't be a guarantee of its approval.
Very strange that one side-you are divorcing him, but on the other side-you are becoming his mouthpiece to gather information about the implication of your divorce on his immigration status. The key point here is-if you care about his status, then why don't you remain married until he gets his full status?