I-485 & EAD valid after divorce with abusive spouse

[nkimmig]

Are I-485 & EAD valid after divorce with abusive spouse ?

My cousin is suffering from an abusive marriage. She applied for I-485 and got her EAD and adjustment of status through her husband (in New York). Their priority date is around may 2006, so it may be a while before the actual green card is allotted. Her husband is getting emotionally and verbally more abusive each day, so she doesnt seem to have the option of hanging on till the gc is issued. Can she make her GC application her own if she seeks a divorce now or is it all lost if she walks out ? I dont think she has much proof of abuse as it is more emotional/verbal than physical.

Any help much appreciated

 

[kittenKat]

What mean "Priority Date" is 2006??? How could THAT happen? Husband is filing as EB?

 

[nkimmig]

I guess I meant they applied for the gc in 2006. Husband applied as EB2. Right now they are through I-140, I-485. Husband has not used his EAD yet and is looking to extend his H1-B. My cousin's EAD is due for extension (I think it might have actually expired). So they are basically waiting just for the GC to be issued.

So my question is, since she got her adjustment of status, is her GC process secure or would leaving him now mean she doesnt qualify for the GC anymore ?

 

[TheRealCanadian]

So my question is, since she got her adjustment of status, is her GC process secure or would leaving him now mean she doesnt qualify for the GC anymore ?

If she gets divorced prior to the I-485 being approved, her GC is toast.

 

[nkimmig]

If she gets divorced prior to the I-485 being approved, her GC is toast.

Her I-485 is approved. So does that mean a divorce would not impact her ability to stay in the US ?

 

[TheRealCanadian]

Her I-485 is approved.

You said "her priority date is 2006, so it may be a while until the GC is allotted. she doesn't seem to have the option to hang on until the GC is issued." So the I-485 isn't approved.

Which is it?