immigrationQuestion.com
Posted 7 months ago
We filed Form I-130 but now we're separated. Will my case be denied?
Aylin Cengiz
Answered 7 months ago
If you're legally separated or divorced before the green card is approved, USCIS will likely deny your case, because the basis of the petition (your marriage) no longer exists.
Afonso Tavares
Answered 7 months ago
If you are just physically separated but still legally married, your petition may still be valid, but USCIS will closely review your case for signs of a genuine relationship.
Sanae Fujii
Answered 7 months ago
If divorce occurs after the I-130 is approved but before the green card is issued, your adjustment of status or immigrant visa will likely be denied.
Lutfullah Rahimi
Answered 7 months ago
If the I-130 has been approved and you're now in the U.S. with a conditional green card, you may need to file Form I-751 with a waiver if you later divorce.