CR1 timeline/ marriage status

[djcrumbles 0]

Hi VisaJourney Community,

I have been married for almost a year (it will be a year in early May). My husband is from Mexico, I am from the US. We got married in Mexico last May. Shortly after we got married, I returned to the US. We have been living separately during the immigration process. We applied for his I-130 last July. It took until December to get his petition approval. Our NVC documents were recently approved on 03/17. Now we are just waiting for his embassy appointment. But this past week he told me that he doesn't know if he wants to be married anymore, or move to the US. Right before we are almost done with the immigration process. Not only am I heartbroken, because I want to be married to him. I love him, and I want him to immigrate, and I want to stay married to him, but not if he won't immigrate/ wants a divorce.

So I have three questions...

How long might it take for us to get our embassy appointment?

What happens to our case if he decides that he doesn't want to immigrate anymore/ doesn't want to be married to me?

Do I have to go to Mexico to get a divorce if he wants a divorce? Can I do anything from the US, or do I need to go to Mexico to get legally divorced - if that is what happens?

Thank you,

DjCrumbles

Edited March 29, 2016 by djcrumbles

[suziesadek 0]

First of all why????? That's terrible. It's such a hard road for us as it is. And a case in Mexico I'm not sure. But we filed in Egypt took less than 3 months to get an interview. But we are currently stuck in AP. And if it turns out he wants a divorce then you can file here in America. Hope and pray things look up for you.

[sami&ad 1]

Hi, I'm new to the forum. Just a little bit about me: I filed the i130 for my hubby on January 4th and received the NOA1 on February 2nd, 2016. My husband is in Mexico, we have two kids ages 3 & 4 and have been married for 7 years.

I'm sorry you are going through this! That's terrible. I will be praying for you and hope everything works out

[UnaMexicana 153]

First of all, I am very sorry that this is happening to you. We all know how difficult this process is and unfortunately sometimes the stress is more than a relationship can bear.

Having said that.. here are my replies:

How long might it take for us to get our embassy appointment?

It takes about a month to get your interview date after your case is completed, and then two months from the date where your case is approved. My case was approved Jan 7 and they gave me my appointment on Jan 23, for March 30. That means it will be about three months for your interview... but this is a rough estimate and cases vary.

What happens to our case if he decides that he doesn't want to immigrate anymore/ doesn't want to be married to me?

Nothing happens as in... it is doable and it is no biggie. You will simply inform NVC if you have not been assigned an interview date, or the consulate if you already have. They will then cancel the interview and the case will be closed. If you change your mind you will need to start the process all over again.

Do I have to go to Mexico to get a divorce if he wants a divorce? Can I do anything from the US, or do I need to go to Mexico to get legally divorced - if that is what happens?

You do not have to go to Mexico. My husband was married before, he was served in Mexico via certified mail. Divorce took about 9 months, but it was uncontested... my husband simply did not have an attorney and his exwife did, she paid all the fees and got her divorce.

Your husband is an honest man by telling you this right now. He is not looking to take advantage of you. If he truly does not want to pursue this, for whatever reason, then he has all my respect for being transparent. I wish you happiness whatever happens.

Best,

UnaMexicana