I am canadian and was married to a U.S. citizen for two years.

Asked about 1 year ago - Cincinnati, OH

My wife has filed for divorce. Can I apply for adjustment of status and remain in the U.S.?

Attorney answers (4)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    14

    Lawyers agree

    Answered . Not if you are not already a conditional permanent resident.

    Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response... more
  2. Andrew Marino Bramante

    Contributor Level 15

    3

    Lawyers agree

    Answered . You may be a little late. If you are already a "conditional permanent resident", you can file an I-751 Petition to remove the conditions of your residency and prove that the marriage was bona fide. If you are not a CPR already, I see no way to adjust your status based on your marriage - unless you suffered extreme abuse from your wife and can prove it.

    You should always consult with an experienced immigration attorney to make certain that the advice you received is... more
  3. Juan Paolo Pasia Sarmiento

    Contributor Level 15

    2

    Lawyers agree

    Answered . Only through VAWA 360.

    JP Sarmiento
    Free Consultations (email /phone/in-person)
    (216) 573-3712
    jp@sarmientoimmigration.com
    www.sarmientoimmigration.com

  4. Lalita Haran

    Contributor Level 14

    3

    Lawyers agree

    Answered . At times you can but not always. It all depends upon your specific situation and so please consult n experienced immigration attorney.

    My answers are for general information only, NOT A legal advice because these are not tailored to your specific... more

Related Topics

Immigration

If you want to visit or move permanently to the US, you'll want to learn about your different immigration options.

Adjustment of immigration status

When a person in the United States changes his or her immigration status to permanent resident, this is called "adjustment of status."

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