Hi. I’m currently in the U.S. under J-2 status (my spouse is on a J-1 visa). I hold an advanced degree from my home country and have published several academic papers. Based on my past research record, I filed an EB-2 NIW petition (I-140), which was approved. Now, I am waiting for my priority date (Early 2024) to become current so that I can file the I-485. I am working in the US but this position is part-time and the legal contract is in my home country (the office is in the US and home country).
Additionally, I am considering divorcing my spouse, and I do not wish to include or sponsor him in my green card application. However, I’m concerned about how this might affect my getting a Green Card. If I file alone, could it harm my chances of approval? Also, I’ve been advised that if I divorce before filing the I-485, I might lose my J-2 status, so I am trying to plan the timing carefully.
My specific questions are:
Additionally, I am considering divorcing my spouse, and I do not wish to include or sponsor him in my green card application. However, I’m concerned about how this might affect my getting a Green Card. If I file alone, could it harm my chances of approval? Also, I’ve been advised that if I divorce before filing the I-485, I might lose my J-2 status, so I am trying to plan the timing carefully.
My specific questions are:
- Can I file the I-485 by myself without giving the sponsorship to my spouse? Will that decision in any way compromise my green card application?
- When is the best time to get a divorce in this scenario? Is it safer to wait until after my green card is approved, or are there other possible approaches without jeopardizing my status?
- Are there any additional legal or immigration considerations (e.g., financial responsibilities, required documentation, potential risks) that I should be aware of before proceeding?