If i divorce my husband can i loose my visa status too?

Asked about 1 year ago - Edison, NJ

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?

Attorney answers (6)

  1. Steven Sahag Vosbikian

    Pro

    Contributor Level 15

    6

    Lawyers agree

    Answered . 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: ssvosbikian@voslaw.com - Offices in Atlantic City, Cherry... more
  2. Eric M. Mark

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . If you divorce before you get your green card, no. If you get your green card before you divorce (which will require your husband's support to accomplish), maybe.

  3. Lynne Rogers Feldman

    Contributor Level 18

    7

    Lawyers agree

    Answered . 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
    email: lynne@feldmanfeldman.com
    website: www.immigrateme.com

    Formerly Adjunct Professor -- Immigration law
    University of Illinois College of Law

  4. Yolanda Navarrete

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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... more
  5. J Charles Ferrari

    Contributor Level 20

    4

    Lawyers agree

    Answered . 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... more
  6. David Alexander Browde

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Under some circumstances, yes, you can. Under others you will not - you have to demonstrate that the marriage was not for immigration purposes.

    Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer... more

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