[W2238]

I am a U.S. citizen. I married my husband abroad in his home country. He is now in the United States with me, and he is very abusive. We have been living together for 6 months waiting for the green card interview. I thought he would change, but he has not. We are scheduled to have a green card interview. I would like to divorce him. What can I do? How do I divorce him, if I never married him in the States? Will this cancel his visa? Can I tell immigration that I do not want to be married to him any longer because he does not treat me well? Do I have to continue to take care of him financially or can I send him home.

[DCcityboy]

You can divorce in the US, as long as the county and state you are in have jurisdiction, which is generally a residence and time issue.

Your divorce prior to the first interview will effectively end the permanent residence petition for him. You do not need to tell the USCIS anything after the divorce, unless you want to.

The divorce will terminate his petition, and it is up to the USCIS to file for his removal, not your decision. You cannot send him home, up to the USCIS.

If this was helfpul, rate this answer! Good luck.

[W2238]

All right. Then how do I get a divorce before the interview date? Doesn't that take time? Our interview is this month. Do I cancel the interview? Do I go to the interview and say that I want to get a divorce?

[DCcityboy]

Certainly should start the divorce. If you do not intend to remain married, you should withdraw your I-130 petition by sending a letter to CIS stating just that.

You do not need to go to the interview if you have withdrawn your petition. If you do go, don't lie, tell the officer you are divorcing. Have your attorney with you.

This really should be explained to your husband prior to the interview as it ends his applicatioin for permanent residence. Really not your problem as you can be held liable for monetary fines if you misrepresent your intentions and assist in immigration marriage fraud. Good luck