pending I-485, need help

tamm

New Member
My US citizen wife petitioned I-130 and I-485 for me ( currently I am on H-1). I-130 was approved after the interview. FP done. I was told that no more interview was required, and I should receive the green card in the mail after the FBI name check is cleared. Recently, due to marital problems, we are talking about getting legally separated and then divorce. The I-485 is pending. My question is: If I get divorced in 1 year, and by then, I have not received the GC because of the delayed name check, will I still be eligible for it since the I-130 was approved a year ago? Thank you.
 
afzalmasood938 said:
you have to be married to a USC for atleast 2 years before your I485 can be approved.

Thanks

That's wrong info. You don't have to be married for 2 years...
The Greencard you receive will be 2 years Conditional. They give you that to make sure that you have got married for LOVE etc and not only for Greencard.

Do you best and try talking to her about this. Get done with it and try to explain this. I recommend you hire a lawyer and they will help you out with that.
You can apply for a waiver, just talk to a lawyer my friend before it's too late.

Lawyers don't cost much.
Good luck
 
tamm said:
My US citizen wife petitioned I-130 and I-485 for me ( currently I am on H-1). I-130 was approved after the interview. FP done. I was told that no more interview was required, and I should receive the green card in the mail after the FBI name check is cleared. Recently, due to marital problems, we are talking about getting legally separated and then divorce. The I-485 is pending. My question is: If I get divorced in 1 year, and by then, I have not received the GC because of the delayed name check, will I still be eligible for it since the I-130 was approved a year ago? Thank you.

When it comes to you, you have to push it. Go to infopass and ask what's going on. Why have you waited that long?
If you don't follow up on your case, they will close it.

Schedule at your local office and go it asap and take all your papers with you.

http://infopass.uscis.gov

Good luck
 
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