Marriage GC, In process of Divorce before Conditional GC

vic87

New Member
Hi,


I was on my H1-B, in march I got married and as my wife being US Citizen, I have applied for Marriage based GC.


I have received my EAD, but I have not received my conditional GC ( We have not had our Interview yet)there is a back log.


We have realized that it was a mistake and planning to move apart, filing for divorce next month. I know it will take almost 3 months to be divorced.


Now my question is what are my options, can I get my H1-B status back?

or can we prove that we were not married just to get my GC, and go to my Interview to get Conditional/Un Conditional GC.


If I want to apply for H1-B again, would i have to go through lottery system again?


My current EAD expired on June 15 2016.


Thanks,

Vic
 
Your Adjustment of Status will be denied because you no longer have a bona fide marriage.

If you have not violated your H1b status (e.g. by not working, or by working for someone other than your H1b employer, by entering the US on Advance Parole, or your H1b status expired), you are still in H1b status.
 
Hi Thanks for your response. That was really helpful.

Actually I have moved to new employer 2 months back.
My H1-B was approved for 3 years in October 2014.
If my old employee has not revoked my H1-B, and my new employer sponsors my H1-B, would that be an option?
I have not traveled outside the US on Advanced Parole.

Do you know what options I will be having now?

Thanks in advance.

Vic
 
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