Getting Green card when divorce is pending

dharmender

Registered Users (C)
Hi

I have Green card interview coming up next month. This is employment based GC. My wife's name is also there in GC application being dependent. We filed for divorce few months back.
My questions are:
1) Since our divorce is pending, can my wife's GC be rejected?
2) What can I do to make sure that wife's GC is not rejected? Will withdrawing divorce case for now help?
3) If I don't withdraw my divorce before GC interview and when she applies for USA citizenship, INS can figure out that divorce was filed before
HC was obtained by her. Can it hamper her citizenship process?

Thanks
 
Last edited by a moderator:
Unless the divorce is final, you both will be legally married. So she should get her GC if your AOS is approved. Now since you will be interviewed under oath, there is a remote possibility that the intervwing officer may ask you "Are you still married to XYZ". How you answer it will determine the outcome in my opinion. Seeing that you GC is employment based, it is morel ikely that your marriage will not even figure in the interview.
 
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