I130 approved and divorced

Blopez

Blopez

New Member
Hi, would love to get some help and advice to my situation. I am a naturalized US citizen and I petition for my husband back in 2021 and a year later our
I-130 got approved. We then hired a lawyer to help us with our case. She file for a I-824 to have his interview in his country because he enter the US illegally. We pretty much got scammed by this lawyer ($5,000) for nothing. She promised to get him legal within months and months turned into years and no news whatsoever. Things got extremely overwhelming on my end plus I am a very impulsive person and make stupid decisions specially when I’m upset. I end up divorcing my husband and was finalized in May this year. I recently got an update and it seems his case was just sent to Department of State for visa processing and an interview is to be scheduled soon. I feel terrible for him and regret making this decision. After the divorce, it seems like we are way better this way…We are still together but divorce living in separate homes. He is also the father to my son and will hate for him to get deported. I am willing to remarried if we can continue with the process or do we have to start all over again? Please help!
What options do we have? We are willing to do anything on our end.
 
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Well, the I-130 is dead since you divorced. Even if you re-marry, you cannot use that previous I-130 because the new marriage didn't exist at the time that I-130 was filed. You would have to file a new I-130 after the re-marriage (and you can make sure to select Consular Processing on the I-130 if you are sure he must do Consular Processing abroad, to avoid needing to file I-824). You would of course have to wait for I-130 approval all over again, and the whole re-marriage thing would invite additional scrutiny.

Then you need to figure out whether he will trigger a ban upon leaving the US, and if so, how to deal with it. How were you guys planning to deal with it the first time? Does he have DACA, TPS, DED, pending asylum, etc.? If so, at what age did he get it? Are you a US military service member?
 
Hello and thank you for the response! He came to the US back in 2008 and was 18-19 I think. He crossed the border illegally. He doesn’t have any criminal records, zero tickets and is a good person. Has worked from the day he came to this country and file taxes every year with an ITIN number, IRS assigned to him. The Lawyer told us we needed to go to therapy so she can submit the I-601A for a waiver for his unlawful presence in the USA. I am not associated with any US armed forces. Do I need to file a form to report immigration we got divorce? If yes, what’s the form called?
 
Well, you guys face a long road ahead, having to go through the I-130 process again, and then only after that is approved and a Consular Processing case is created can he apply for a waiver. And a waiver for this ban requires that you suffer "extreme hardship" if he can't be in the US, which is a standard that most people can't meet. The fact that you guys have already been living in separate homes makes it hard to argue that you would suffer "extreme hardship" if he was not here. If Trump gets rid of I-601A, that would mean he would have to leave the US and apply for the waiver while abroad, not knowing if it will be approved, and risk being stuck abroad for 10 years if the waiver is denied.
 
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