my visa status is AOS I-485 Form with Advanced payroll and I've got my EAD through my spouse who is a primary applicant. the problem is i am unemployed . after divorce can i get all the privilege to stay in USA?
Absolutely not. Being unemployed is a suspicious reason to divorce your spouse. Are you ina good faith, bona fide marriage?
If you end up divorcing before your interview, you are not be eligible to receive a green card. If you stay married and pass your interview (and receive your green card), the green card is issued on a conditional basis for two years. After two years, you will have to remove your conditional status by filing another petition. It already sounds like you will need a waiver, which is exceptionally difficult these days. If you fail to removal your conditional status, you subject yourself to removal (deportation) from the U.S.
More importantly, if the Immigration Service finds that you entered into a fraudulent marriage and/or have procured an immigration benefit by fraud (such as a work card or green card), you are removable (deportable) and will not be allowed to enter the United States upon your removal (deportation).
You really need to consider speaking with an attorney ASAP. This is not about forms - it is about federal immigration law.
VOSBIKIAN & VOSBIKIAN, L.L.C. (856) 755-1400, e-mail: firstname.lastname@example.org - Offices in Atlantic City, Cherry Hill, Newark, and Trenton, NJ. Please consult with a licensed immigration professional to provide you with a thorough legal advice. This response is not a substitute for specific legal advice and it should not be construed to create an attorney-client relationship. Please visit and share this site: www.voslaw.com
If you are a derivative of your spouse's I-485 then once divorced you will no longer have the option to continue with your permanent residency. Do you also have an underlying nonimmigrant status? Is this also dependent on your spouse? Before divorcing you should seek immigration advise unless you are prepared to go home.
Lynne R. Feldman, Attorney at Law
Concentrating in Immigration and Nationality Law
2221 Camino Del Rio South, Suite 201
San Diego, CA 92108
phone: (619) 299-9600, facsimile: (619) 923-3277
Formerly Adjunct Professor -- Immigration law
University of Illinois College of Law
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Divorce / Separation Lawyer
Under some circumstances, yes, you can. Under others you will not - you have to demonstrate that the marriage was not for immigration purposes.
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Personal Injury Lawyer
As a derivatve on your husband's application you will lose your status when you divorce. If he is a U.S. citizen petitioning for you, you may or may not lose staus. More information and review of your application is necessary to gve you a reliable answer.
973-984-0800. Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.
Having a pending adjustment of status application is not a "visa status." If you get divorced while the I-485 is pending, there will be no basis for your I-485 to be approved.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
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