Legal Question in Immigration Law in New Jersey

1. You are the one who controls the process by initially filing an I-130 petition before he can file for a green card. So, unless your husband forges your signature he won't be able to start the process. If he does forge your signature that would be an even bigger problem for him because he would be committing document fraud which would make him inadmissible.

2. The next step of the process where he applies for a green card, requires your signature on an affidavit of support as well as your presence at the interview.

3. Yes, you can mention this but I think it might not be very helpful.

4. You could pursue getting a divorce.

Why did you marry your husband? Is it an arranged marriage? What was your initial expectation of marriage to a man who is in USA temporary on a work visa? Were you planning to move abroad to his country? Are you planning to live separately from your husband when his H-1B visa expires and he must go abroad to his home country? -- these are just a few questions to think about.

This is only logical and proper for a US citizen spouse to petition for her foreign spouse, so they can stay together in USA as a married couple.

Your situation and attitude toward your husband seems to be an indication that it might be leading to divorce, or you are trying to control him by not allowing him to become a permanent resident. If you don't want to divorce your husband of 6 months, but at the same time refuse to petition for his green card, the situation seems to remind a "domestic abuse" scenario where a US citizen or permanent resident spouse (wife or husband) attempts to "control" a foreign spouse by not filing for a green card.

If your husband can prove domestic abuse on your part, he might be able to petition for his green card without your assistance.

As always, if you seek a specific legal advice, consult a lawyer via telephonic or in-person consultation.

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