Q: Legal separation, just separation or divorce before Green card interview?
My wife and I got married more than a year ago after dating a little more than two years. We got tired of not being able to be together all the time since I'm Mexican and she is a US citizen. So, We got married because we loved each other and filed the necessary docs to the USCIS with the help of a lawyer, but COVID changed everything, changed our plans, changed our lives... She went to college and she met somebody, and now we are broken up. What can I do? She seems very understanding about what is at stake, but she doesn't want to get back together. We've been trying to fix our relationship, we couldn't. I'm in a really vulnerable situation because I'm only working under a Temporary permit, I do not own anything and I do not make a lot of money. The little money I was making was to pay for the lawyer that started the process, and he just dropped the case. My wife wants a divorce to keep going with her life...My green card is stuck because of COVID and we haven't had the interview
A: I suggest discussing your situation with an experienced Immigration attorney regarding your green card application. As for the divorce, it appears you are on your wife’s timeline as to when the divorce will occur or become final. In Nevada, a spouse cannot delay or refuse a divorce if the other party has chosen to begin the process. Refusing to reply to the divorce filing will only result in a less favorable outcome for you. If your wife has not yet filed for divorce, or the divorce is not yet finalized, then you are technically still married and still entitled to the rights you previously held during the marriage. An immigration attorney would be better equipped to answer your questions regarding your options after the divorce is finalized.
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