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Immigration
Adjustment of Status - I-485
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Heading to DIVORCE -urgent-
Dear All,
I got married last year after I had accumulated many months after been in the US out of status, however my wife and I filed for the GC so that kind of went away.
We are now months from the interview and sadly we are filing for divorce. My questions are:
1. When my I485 is denied and given 30 days to leave, if I do so within that time frame, will I be able to return to the US given the long overstay before I filed for GC due to my status of status? In other words, will that time come into play now that my application will be denied?
2. If she does NOT withdraw the I130, can I still hang around in the US working with my EAD until divorce is final or until I get called to interview. If they call me for interview can I go with my attorney and present my case of health related issues to USCIS even though my wife won't come?
3. If she withdraws the I130, will I loose the EAD and automatically become out of status?
4. What does the law contemplate about been in the midst of a divorce and having to leave US when one gets called in and application gets rejected, how does one finalize the divorce in an orderly fashion? If so at all?
Thanks again,
I got married last year after I had accumulated many months after been in the US out of status, however my wife and I filed for the GC so that kind of went away.
We are now months from the interview and sadly we are filing for divorce. My questions are:
1. When my I485 is denied and given 30 days to leave, if I do so within that time frame, will I be able to return to the US given the long overstay before I filed for GC due to my status of status? In other words, will that time come into play now that my application will be denied?
2. If she does NOT withdraw the I130, can I still hang around in the US working with my EAD until divorce is final or until I get called to interview. If they call me for interview can I go with my attorney and present my case of health related issues to USCIS even though my wife won't come?
3. If she withdraws the I130, will I loose the EAD and automatically become out of status?
4. What does the law contemplate about been in the midst of a divorce and having to leave US when one gets called in and application gets rejected, how does one finalize the divorce in an orderly fashion? If so at all?
Thanks again,
All Replies (9)
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