Married - cancel divorce or remarry?

[A'n'L 735]

Yeah, I'm afraid that divorcing and remarrying is gonna look like we may be getting another divorce soon, meaning marrying for greencard purposes... We'll check if we can do the counseling through video chat. I'm in Europe and my husband is in Arizona so it's quite a trip to go out there for the counseling, especially with our baby. For now he's making trips to visit us.

It si very good that he is visiting you frequently, to be able to document that your relationship is genuine (and not just for immigration).

An idea, could you ask if documented councelling in your country would count towards the requirement?

[Ontarkie 14,378]

Yeah, I'm afraid that divorcing and remarrying is gonna look like we may be getting another divorce soon, meaning marrying for greencard purposes... We'll check if we can do the counseling through video chat. I'm in Europe and my husband is in Arizona so it's quite a trip to go out there for the counseling, especially with our baby. For now he's making trips to visit us.

You would not be the first to reconcile after a divorce and apply for a visa and green card.

[MASH 172]

Hi,

I was wondering if anyone could help us with this marriage/divorce greencard situation...

Last year I was in the USA on a J1 visa when I got pregnant. I married my US husband before our baby was born. Pretty quickly we realized how fast things went and my husband started to regret the marriage. He filed for a divorce 3 months after we got married, around the time our baby was born. I agreed to the divorce and planned on going back to my home country with the baby. Now I'm back in my country and the divorce is almost finished. We are getting along better again and now it's the divorce we're regretting.

I'm wondering if either canceling the divorce, or finishing the divorce and remarrying later would impact my greencard application. I never actually filed the forms after we got married last year so there's no record of a previous greencard application. I'm also not sure which one would "look worse", canceling a divorce or remarrying...

Thanks all!

Cancel the divorce

[lost_at_sea 995]

What stage of the divorce are you at? I googled it a bit, and it seems that the petitioner can submit a notice of dismissal. I didn't see anything about mandatory counselling.

http://www.azlawhelp.org/documents/azlawhelp_Divorce.pdf

https://www.superiorcourt.maricopa.gov/SuperiorCourt/FamilyCourt/preDecree.asp#n47

Edited April 18, 2016 by lost_at_sea

[Sandra G. 5,057]

Mandatory counseling in Arizona is just for covenant marriage, if you did not have a covenant marriage then there is no obligation to attend counseling whatsoever.In your case, the petitioner must file a "Motion to Dismiss Without Prejudice" . It's necessary a motion to dismiss because your divorce is almost final.

Edited April 19, 2016 by sandranj

[Jawaree 718]

You both should commit to communicating better, don't be hot-heads

stay married, a divorce can be canceled as long as final papers are not

signed... give it a try for the little tyke, and remember every relationship

has good & bad times, as long as there are no physical, verbal or mental

abuse give it a chance

[Expat1 971]

http://phoenixfamilylawnews.com/2010/06/how-to-get-a-divorce-case-dismissed.html

Cancel by joint stipulation for a dismissal and file for immigration.

The counselling process applies to couples where one files for divorce and the other doesnt want the divorce and files a counseling petition. If you jointly agree to dismiss the petition the case is closed, the judge cannot grant a divorce when the party who file for it files to dismiss the case.

[fiamerika 0]

Turns out they thought my husband was asking about canceling the divorce on his own, hence they told him to file for reconciliation. We indeed don't need counseling if we both agree to a dismissal..

Thank you all for your advice!