Filing for Divorce during Renewal?

M

MrsV

New Member
Hello,

I sponsored my husband's green nearly 10 years ago. At the 8-year mark we moved from the US to the UK and he let his GC lapse by not returning to the US for 2 years. We are now separated and planning to divorce. Because we have 3 children, he (a French National) is looking for work in the US again to be near them. We submitted form I-130 last October, but he was told recently it could take several more months to approve.

My question: If I file for divorce (in Michigan) prior to the approval, will that effect his case? I appreciate your input.
 
You resubmitted form I -130? I believe I-130 doesn't need to be resubmitted. Only the consular processing part. If you divorce, he cannot get back as a permanent resident.
This can be all avoided if he can recover his old GC.
 
Hi GC lapsed, so it was invalid. The Consulate informed him that this is what he needed to do. I know that if the divorce is final during an outstanding application it will not be granted. My question is if I FILE for divorce (4 to 6 months before it can be finalized in MI b/c of children) while the application is outstanding, what will happen, if anything.
Thanks!
 
If consulate recommended that I understand but I read many places that I-130 is valid forever unless it's revoked.
Do not take my word for it but during the wait period it would not stop the immigration process. The moment it is final your application for
immigrating your husband would be void. Also you will end up in an interview probably. There you need to disclose
the divorce even that interview comes first.
 
His Greencard through family was valid for a 10-year period as long as he entered into the US every year. Since he didn't, it was no longer valid. He still had only to complete the renewal form. He shouldn't require an interview at all. I simply want to know if Immigration is informed when FILING for divorce. Thank you.
 
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