Legal Question in Immigration Law in Minnesota

immigration question

I have been married for more than three years now and I filed with immigraton for a change of status since 2004. I have gone for my interview in 2005 but until this day , i have not been given my green card. It says my case is still pending. What do I do? Things are not working out between myself and my wife and we are planning for a divorce. I have been dating another woman and i think i am ready do settle with her. Can i cancel my case? Is it possible to divorce my wife and marry another person right away ad file for another change of status. what is the procedure?


Asked on 1/24/07, 7:48 am

2 Answers from Attorneys

Vincent Martin Hellmuth & Johnson PLLC

Re: immigration question

Our office is located in Eden Prairie, MN, please feel free to come in to discuss your case. If you and your wife divorce before the Immigration Service renders a decision, it is my opinion that the Immigration Service should be informed of this fact as you would no longer be eligible for marriage-based permanent residence.

We can help re-file based on the new relationship.

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Answered on 1/24/07, 9:27 am
Kseniya Zavala Law Office of Kseniya Zavala

Re: immigration question

You can schedule an info-pass appointment with an immigration officer at www.uscis.gov. At the appointment you need to find out what is going on with your case. Since you have not heard anything for so long, your file may be just lost or misplaced. If you have been married to an American citizen for more than two years in a bona-fide marriage, you should get your green card. After that you can divorce and marry your new partner without filing the second immigration case.

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Answered on 1/24/07, 1:23 pm


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