Can US citizen spouse divorce, while GC in process ?

[rkhatiwala]

Hi,

I am married to US citizen for almost 2 years ( got married in Nov 2009 ). I am on EAD. If I file GC through my husband, and while its in the process, what happens if he divorces me ?

Since my employee based GC is in process, is it a better option to let that lawyer know that i am married now to US citizen, and send him marraige certificate ? Will he be able to add that info, so that GC is processed faster ?

Please guide.

[immihelp]

Employment based green card and family based green card are two independent processes. You can not expedite your employment based green card process based on the marriage to US citizen.

You should have filed your family based green card as soon as you got married to US citizen. Well, if you file now and if he divorces you before getting the conditional green card or even the permanent green card, that processing will not continue any more and you will not get green card on that basis.

[mtouch]

You can have as many petitions as you want so you can also be petitioned by your husband while your employer's petition is pending. If one fails you have a fallback.