I-130 VISA and divorce.

[matthew.... 0]

I wanted to ask for some advice about the I-130 visa: I have had my medical and my interview (May 24th, 2012), which was initially rejected as my wife did not earn enough money to be able to sponsor me. I have just secured a dear friend, in the States, who has sent through the sponsorship form, which is now at the US Embassy in London.

My wife has just informed me that she wants a divorce (we were married almost two years ago, absolutely bona-fide as we were deeply, and genuinely, in love. We have known each other for over ten years and were together for a year before we married, though the distance, and other problems, put such a strain on our relationship that has been deteriorating rapidly since the beginning of this year), and with this news I’m utterly lost over what to do. I have been trying to find concrete advice for what to do next, and whether there is a chance in joining my friend (platonic) on the West Coast, though I have no idea what to do anymore, or where to search for answers.

If anyone has any suggestions or recommendations, or could even point me in the right direction, I would greatly appreciate it.

Thanks in advance,

matthew

[Anh map 2,098]

So you are ready to move on to the friend in order to get the green card?

Probably best to sort out your marriage before jumping into another relationship. If your spouse pulls her petition then your future significant other's I-864 won't matter.

[matthew.... 0]

My wife has made it very clear that the marriage is over, that there is no chance of it ever being repaired. And however painful that is to write, it is the truth I have been left to accept. It is not a relationship I am after (its a male friend of mine, married to another of my friends), but a new start.

[Nich-Nick 3,354]

My wife has made it very clear that the marriage is over, that there is no chance of it ever being repaired. And however painful that is to write, it is the truth I have been left to accept. It is not a relationship I am after (its a male friend of mine, married to another of my friends), but a new start.

You're in an odd situation. Maybe the visa will be issued to you since all is submitted to the embassy and you've interviewed. So you enter the US as a spouse, knowing you won't be a spouse for long or living with your spouse. Will that come back to bite you? I don't know. If you enter before the two year anniversary of your wedding, you will get a 2 year greencard. The conditions will have to be removed before it expires, normally jointly signed by both spouses. Divorced immigrants can seek a waiver. An immediate divorce upon entering the US with no joint living, banking, etc will certainly be scrutinized.

If you enter the US after your 2 year anniversary and have the POE people take note to make sure you get the 10 year card, then you might be in a better position. The longer you stall the divorce decree after arrival, the better. But in reality, you are trying to bend the intent of a spouse visa to immigrate to the US. Will anybody ever call it fraud...?? It kinda is, in my mind, but intent is hard to prove. Are you sure you can get a job, buy a car, pay for high priced medical care and survive? Would you really be better off in the UK? Lots to think about.

[Ryan H 3,834]

Moved from IR-1/CR-1 Process & Procedures to Effects of Major Family Changes on Immigration Benefits.

FYI, an I-130 is not a visa, it's a petition form.

[NigeriaorBust 4,087]

You will be accepting a green card that is issued to the spouse of a US citixen for the purpose of reuniting and living together. Are you missing that ? To me the answer is a big yes. Be very carefull , if immigration agrees it could lead to you being banned. Find another way to come if you want to start a new life. Your wife may have already pulled the I 864 and the card will never be issued at that point.

Came back to edit. If you go in for a second interview as a formality and your wife has pulled the affidavit, you could set yourself up for a misrepresentation charge by "lying" if they ask about your marriage.

Edited August 3, 2012 by NigeriaorBust

[matthew.... 0]

I was called by the Embassy saying that my sponsor's papers had been received, and that they were processing it, and will be sending my passport and visa back this week some time. I am going to buy a ticket, to fly out there, and try my best to salvage my marriage. It seems the visa will be for two years, but if I can't save my relationship, will I have to head straight back to Egland?