Divorce while I-485 is pending

N

Nov2001RD

Registered Users (C)
Brief details-
1) Got LC and I-140 approval (EB2 RIR) while I was single.
2) Got married and applied for I-485 as a derivative applicant.
3) Got the I-485 Receipt, EAD and AP
4) Quit the job and relocated to join my spouse.
5) I was Unemployed for less than 2 months. Got employment. Used EAD. Job description was similar to that of LC. Salary compensation was more than the LC salary and more than the previous salary.
6) I-485 is still pending (28 months completed). Have contacted the senator.. no response yet.
7) Marriage is on rocks and we might go for legal separation.

Please help me understand the following-
1) What will be my visa status if I get divorce prior to I-485 approval?
2) Will my EAD valid after divorce? (I’m a derivative applicant in I-485)
3) How many days/months will get to stay legally in this country after divorce, if I do not find a sponsor?

Thanks in advance,
 
My general understanding is your visa status would continue to be 485 till 485 is adjucated. If you are separeted and divorced and spouse is not willing to support 485- your 485 will ultimately get denied. But denial is not always- provided you can come up with some story- use some lawyer. I knew a freind married to citizen got divorced before 485 approval- BCIS still approved the case- in fill knowledge- I don't know what story he gave them.
In any case you will have status till 485 is adjucated-> that is my undersatnding.
HTH
 
Divorce while in I-485

Since you are almost at the end of the case, it is advisable to keep the ball rolling and not to get into legal separation or have some kind of agreement with your spouse not to hurt your case.

Other way, would be to get in touch with your previous employer and let them file I-485 for you, since you are already approved for LC and I-140.

I could think of any other way, you would not run into issues.

I am not an attorney, please consult an attorney.

Reggie
 
Please help me understand the following-
>>1) What will be my visa status if I get divorce prior to I-485 approval?

No one can do harm on ur 485 application even if you are legally seperated, you will get approved eventually. Even primary applicant cannot request INS to drop the application. Regarding status, you are AOS status

>>2) Will my EAD valid after divorce? (I’m a derivative applicant in I-485)

Yes, ur 485 is pending with INS, and by law they hv to approve ur EAD. Just file your EAD 6 months in advance before ur expiry.


>>3) How many days/months will get to stay legally in this country after divorce, if I do not find a sponsor?

Irrespective of marriage status, you can legally stay in this county unless and until INS make a decision on ur case(approve or denial). So you are ok on status and do not need to find the sponspor.

Hope this helps. Good luck.
 
Originally posted by Nov2001RD

Please help me understand the following-
1) What will be my visa status if I get divorce prior to I-485 approval?
2) Will my EAD valid after divorce? (I’m a derivative applicant in I-485)
3) How many days/months will get to stay legally in this country after divorce, if I do not find a sponsor?

Thanks in advance,
Click to expand...

Here is what i think :
1) If your spouse informs INS, then they might deny your I485 because you are a derivative. If your H1 visa is expired, then you need to leave the country immediately. If you have a valid H1 (even if you have used EAD), then you need to go to your country, get H1 stamping and re-enter.
2) Your EAD is valid till INS notifies you that it is not valid. I am not sure about it. May be it will become automatically invalid. Only lawyers or people who have experienced this scenario can answer this correctly.
3) By law, there is no grace time if you go out of status.
 
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