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Divorce after filing I-485

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  • Divorce after filing I-485

    So I have been married to my american wife for more than three and a half years now, we separated after two years of being a happily married couple. We never got divorced for the sake of immigration purposes as it was time to file the I-485 and just simpler not to. I filed all the information we had proving we lived and had had a life together for the time required to remove restrictions. Had my second Bio appointment, waited and waited. 10months are filing they have sent me a letter asking for more proof of our marriage. This is obviously a problem as I have nothing to send them for the past year and a half. We also live in different states. The only thing I can think of is filing for divorce (we get on fine and would be a simple process) and file for a waiver of divorce. I'm not sure if this will work though as I already have filled my initial I-485. I know once I file it I may be safe in the country until they give me an extension or not, but I also know they take a long time processing and my work fly's me internationally on a regular basis and being grounded isn't really an option. I really cant see a practical solution as they want the paperwork delivered seven weeks from this date. If anybody has any idea's it would be much appreciated. Cheers.

  • #2
    Allover,

    You are no longer eligible for a Green Card unless you choose to refile a self-petition based on being abused by your wife (it happens).

    The only way you might obtain a Green Card with your existing i-485 is if USCIS waives your interview and approves your Green Card without an interview.

    --Ray B

    Originally posted by Allover121 View Post
    So I have been married to my american wife for more than three and a half years now, we separated after two years of being a happily married couple. We never got divorced for the sake of immigration purposes as it was time to file the I-485 and just simpler not to. I filed all the information we had proving we lived and had had a life together for the time required to remove restrictions. Had my second Bio appointment, waited and waited. 10months are filing they have sent me a letter asking for more proof of our marriage. This is obviously a problem as I have nothing to send them for the past year and a half. We also live in different states. The only thing I can think of is filing for divorce (we get on fine and would be a simple process) and file for a waiver of divorce. I'm not sure if this will work though as I already have filled my initial I-485. I know once I file it I may be safe in the country until they give me an extension or not, but I also know they take a long time processing and my work fly's me internationally on a regular basis and being grounded isn't really an option. I really cant see a practical solution as they want the paperwork delivered seven weeks from this date. If anybody has any idea's it would be much appreciated. Cheers.

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