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Divorce during I485 processing

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  • Divorce during I485 processing

    I need some advice,

    Currently my husband has a I485 processing based upon our marriage (our marriage is currently less then a year) and my I131 petition. What are the complications that will arise if we divorce? Will he lose his previous status? What will be my legal responsibilities.

    Please any help would be greatly appreciated.

  • #2
    What is your status and what is his status? What was the basis of I485 application? A job? A marriage?

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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    • #3
      I am an United Status citizen, born here. His status prior to filing the I485 was political asylum. The basis for I485 was adjustment of status based upon our marriage.

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      • #4
        He can still get asylum if he qualifies. If the divorce happens before I485 gets approved, then his GC will no longer be processed. If the GC has been issued, it will be conditional for 2 years of marriage after which the conditions have to be removed.

        If a divorce happens, the removal of conditions for him will be difficult and he has to prove that the marriage was entered in good faith but not just for the purpose of green card which will be tough but possible.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

        Comment

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