I need help on approval i 130 based on married but we no longer married can I still use this to apply work EAD it been 16months

Asked over 1 year ago - Lithonia, GA

I was married and file my papers all together with i765,I485 and I130 on may 2011 was my biometrics date i went there and took my finger print and picture and on June 15 I receiver denied notice I485 and i765 cause they couldnt found my i94 at that time my wife threaten for my deportation if I don't do as what she want me to my whole life became controlling and abuse mentally on October 2011 we finalized our divorce and on November I went to interview by myself and told the office we divorced and now I'm doing i360 and then month later I received approval notice of my i130 now as today I'm still waiting on new my case I360 which still pending can I us my old case 130 approval to get my EAD card or green card is this still valid even though we divorce its been 16 months since please

Attorney answers (3)

  1. Tracie Lynn Klinke

    Contributor Level 13

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    Lawyer agrees

    1

    Answered . I'm sorry to hear about the tough situation you are in. Since you are divorced, the I-130, even though approved, is no longer valid. You cannot use it as a basis to get a new work card. If you filed a new I-485 with the I-360, you will get a new work card through that application.

    This general advice does not create an attorney-client relationship.
  2. Kyndra L. Mulder

    Pro

    Contributor Level 20

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    Lawyer agrees

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    Answered . No. you can not get employment authorization with an approved I-130. You must have an I-485 filed and the file must establish a prime facie eligibility before you will get an EAD. There are special provisions for those who have been victims of abuse and/or entered into the marriage with good intentions. I strongly suggest you discuss your case with an experienced immigration attorney.

  3. J Charles Ferrari

    Contributor Level 20

    1

    Lawyer agrees

    Answered . No. The divorce ended the case.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more

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