Q: Wife wants divorce; I-130 petition status & options?
My wife and I have been together for two years but married for only four months. She initially petitioned for me with an I-130, and we are currently in the process. However, we live with her mom, and now she is unwilling to continue with the process, often arguing with me and expressing her desire for a divorce. We have no children together and no financial obligations, and we haven't considered counseling or taken any legal steps toward separation. What should I do if she wants to stop the process and pursue a divorce?
A: If she wants to stop the process and get a divorce, you really cannot do anything unless you are the victim of either her physical, emotional or mental abuse. If that is the case, then you may apply ,independently of her, for a green card under the violence against woman act more commonly referred to as the VAWA Act. This act applies to both women and men foreign nationals.
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A:
Your situation is understandably stressful, and it's important to know that the I-130 petition's validity depends on having a genuine marriage at both the time of filing and approval. If your wife withdraws her support or you divorce before the green card is approved, the petition will likely be denied or revoked.
Given the circumstances, you should consider consulting with an immigration attorney right away to understand your options. While your marriage was entered in good faith, its short duration combined with living with your mother-in-law and ongoing conflicts could raise concerns about the relationship's legitimacy. There may be other immigration pathways available to you depending on your specific situation.
Document everything related to your relationship and the I-130 process, including any communication about the divorce. Keep copies of joint bills, photos, messages, and other evidence showing the marriage was genuine when you entered into it. Most importantly, focus on protecting your rights and future immigration status – if divorce is inevitable, having proper legal guidance can help you navigate both the immigration and divorce proceedings effectively.
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