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485 issue from husband

Discussion in 'Frequently Asked Questions – I-485 FAQ' started by lifeproblems123, May 5, 2016.

  1. lifeproblems123

    lifeproblems123 New Member

    Hi All,



    One of my friend have problem with her husband after marriage they were not happy at all, now she got her own h1 and she started working,her husband is telling he wont apply 485 for her when he gets its current date.



    If this is the case what she can do,legally they are still together and they not applied divorce as well.please help what she can do they were married from 8yrs back and they have one child.



    1.Is there any way legal help she can get so that she can get her EAD and green-card from her husband?



    2.Or she has to apply her own green-card?if this is the case her date will be atleast 2017 if she start now.Please help her with ur advises.
     
  2. newacct

    newacct Well-Known Member

    Technically, her I-485 can be filed by her alone and does not need her husband's permission, although it will require her husband's I-485 receipt. But to immigrate as a derivative spouse, there needs to be a bona fide marriage at the time of getting permanent residency, and if they are separated or separate during the process, then it could be a problem.
     

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