Husband wants a divorce

[PEbode 14]

My husband is wanting a divorce but I don't im also sick but don't want to cancel the visa if we get the divorce can he still come on our spousal visa if I don't cancel it? He asked me to cancel it but I haven't 

[Rocio0010 5,582]

He can come, but if he wants to work on the marriage. Otherwise coming on a CR1 and divorcing shortly after will cause problems down the road

[Timona 4,208]

Has he been issued the visa?

[PEbode 14]

No

[Timona 4,208]

Well, cancel it, divorce. He asked you so.

Move on. Don't be with someone who doesn't want you. 

If you don't cancel the visa, he may come and you'll never know 

[powerpuff 6,745]

~~ Topic moved from CR1/IR1 forum to Effects of Major Family Changes on US immigration benefits where similar topics are discussed ~~

[Boiler 45,807]

Divorce and move on

[Crazy Cat 41,990]

1 hour ago, PEbode said:

My husband is wanting a divorce but I don't im also sick but don't want to cancel the visa if we get the divorce can he still come on our spousal visa if I don't cancel it? He asked me to cancel it but I haven't 

The visa cannot be legally issued if you are divorced.  Cancel the visa, Divorce, move on, and seek happiness for yourself.  Good luck.   This could a blessing in disguise. 

Edited October 28, 2022 by Crazy Cat

[carmel34 3,650]

54 minutes ago, PEbode said:

if we get the divorce can he still come on our spousal visa if I don't cancel it?

Here's what could happen if you get divorced and do not request a cancellation by contacting the embassy where his file is.  At the spousal visa interview, they may ask him about your marriage relationship, questions about you, and review all his answers on the DS-260.  If he is not truthful and tells the officer that he is married when in fact he is divorced, that is a serious misrepresentation, a federal offense.  If he is ever caught, his visa could be revoked and he could be deported for the misrepresentation.  It could also be considered fraud and you could be implicated if you knowingly let him proceed on the basis of a marriage that has been terminated.  Also consider that if he comes to the US with a spousal visa, you are on the hook for the I-864 even after you divorce.  Why take all these risks?  If you don't want a divorce, all you can do is talk to him about it.  If he wants a divorce and you don't, he'll eventually get his divorce.  If you love him, respect his decision and let him go.  So sorry you are dealing with all of this.  Good luck!

[Ontarkie 14,332]

He doesn't want to come to the US. He's asked you to cancel the process. He wants a divorce and not continue with this relationship. Just follow his request to cancel the process, and get divorced. 

It hurts, but sadly you not wanting a divorce will not stop him from getting one. 

Do not lie to any part of the US government it will not end well for you. Which you would have to do and have him also lie in order to get a visa at this point. 

[Boiler 45,807]

I recommend getting the divorce in the US as there are lots of stories about dodgy Nigerian paperwork.

[African Zealot 1,455]

Am I confusing this case with the one where the gentleman has already entered the USA? Are you sure your husband is not already here?
 

The number of African (let me limit it to Nigerians and Ghanaians, I am Ghanaian) husbands who will obtain an immigrant visa and then tell their American spouse to go ahead and cancel the visa because they want a divorce is less than 0.03%. Will a man dying of dehydration in the desert refuse a glass of water? 😁
 

Once again, are you very very very sure with incontrovertible evidence that your husband has not already entered the USA?

Edited October 28, 2022 by African Zealot

[PEbode 14]

I am very sure he hasn't entered the USA he is in Nigeria doing his military duty after finishing his schooling we have been DQ but haven't had our interview which is to be in ghana where he went to school , we got DQ  Oct 29 2021 

[PEbode 14]

Trust me if he was already here we wouldn't be having these issues now

[OldUser 7,079]

Well, @PEbode as others already answered... If he divorces you, he cannot come to the US on spousal visa.

 

You cannot force a person to stay married to you. From your messages, it appears he made his mind already. You just have to accept it and cancel the process. 

 

Unless, he's ready to work on relationship. And this is where there is a risk he comes to the US and abandons you anyway. And you're financially liable for him in this case until and if he naturalizes.

 

Good luck!