i-485 pending while divorce is in process ...

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philaug28

Registered Users (C)
Hello all ,


I`m in a very complicated situation and i need urgent asistant help , i just filed for i 485 under the 245 (i) but thing cannot work out between my wife and i and she decided to file for divorce while my i 485 application is pending . I would like to know what are the chances of obtaining the GC regardless of the divorce ? it has not been take place yet but they are waiting for my signature . And i`m in the thinking now . I do not know what`s next please hellllp me ........somebody please .....
 
philaug28 said:
Hello all ,

I`m in a very complicated situation and i need urgent asistant help , i just filed for i 485 under the 245 (i) but thing cannot work out between my wife and i and she decided to file for divorce while my i 485 application is pending . I would like to know what are the chances of obtaining the GC regardless of the divorce ? it has not been take place yet but they are waiting for my signature . And i`m in the thinking now . I do not know what`s next please hellllp me ........somebody please .....
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Hi!
If you get a divorce while your marriage based I-485 is pending your chances in getting GC are close to nothing. I just read you earlier posts, learned that you were waiting for four years for your priority date to file I-485…. Sorry for your situations. :(
You really need a legal help at this point. Unless your wife will agree to do you a favor and postpone your divorce – there is not much you can do. For AOS interview both, the husband and the wife must appear together. You go there alone and divorced - your application will be denied.
If the divorce is inevitable – get an immigration attorney now.
 
Thank you for the advice

Thank you for having take a time to respond to my questions , it is hard sometimes to hear the truth but this is the reality of things . Today i will try to convince my wife to take these issue at heart and If things cAN`T STILL work between us i would consult an immigration lawyer .


best regard ,
 
Yes, the best thing for you is to ask your wife to do you a favor. I know its hard for a man to do that but you gotta do what you gotta do.

Also, if you filed your 485 under 245(i), you do not need to worry about your overstay. Under article 245(i), you are eligible to apply for adjustment of status within US (you do not have to go back to your home country for counsellor processing). You can simply pay a penalty (I believe its $1000) and get your status adjusted over here.

Please note that 245(i) does not guarantee that you will get your green card or that deportation proceeding will not be started against you. It just protects you from going back to your home country for counsellor processing (in other words more money for USCIS).

Thanks

Eric
 
Thank you for leting me know ...

I really apreciated this infos , i know this is hard for me to beg my wife to postpone the divorce with my situation really dificult , i try to work things out but she just refuses to listen to me . I will keep any option open at that time either talk to her or consult a immigration lawyer . Do you know how long a case under 245(i) takes to be adjudicated ?


best regards ,
 
philaug28 said:
Do you know how long a case under 245(i) takes to be adjudicated ?
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245(i) is just a provision. It does not speed up your case. You still have to wait for the visa number to be available.
 
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