I agree you should consult an immigration attorney. If the I-130 was filed but no I-485 was filed, you may have an approved I-130 but if you divorce before you receive your greencard, you will not be able to use that I-130 anymore. It sounds like the I-130 was filed a long time ago; check the exact date of filing; if it was before April 30, 2001 that may help you adjust based on a new case. Also, if your ex-husband ever abused you, emotionally or physically, you may have a claim to a greencard based on that abuse if you can proof it or have credible testimony. Consult an immigration attorney for assistance on this to see what your real options are.
Lisa Michelle Anderson Los Angeles Immigration Attorney
Posted over 13 years ago.
I agree you should consult an immigration attorney. If the I-130 was filed but no I-485 was filed, you may have an approved I-130 but if you divorce before you receive your greencard, you will not be able to use that I-130 anymore. It sounds like the I-130 was filed a long time ago; check the exact date of filing; if it was before April 30, 2001 that may help you adjust based on a new case. Also, if your ex-husband ever abused you, emotionally or physically, you may have a claim to a greencard based on that abuse if you can proof it or have credible testimony. Consult an immigration attorney for assistance on this to see what your real options are.