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Immigration law, USCIS, former F1 visa holder, married to U.S. citizen now facing divorce seeking to keep legal status

Asked over 3 years ago - Seattle, WA

I used to be legal here in seattle in f1 visa. then I met my husband we love each other after one year of marriage we have big problems and we decided to get divorce but we've already apply to the immigration and the interview is next month. what should i do? i want to start school again? and what's happen if I reschedule the interview and get divorce? by the way, he is in new york for a promotion now
hoping to hear from you soon

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Attorney answers (2)

Reputation Level 6
Answered about 3 years ago. Immigration Attorney in Miami, FL.
Once you are divorced, you will no longer be eligible to receive a visa based on the marriage to US spouse citizen. If there are no issues of abuse, then you are not eligible to apply for permanent residence under the Violence Against Women Act, either. Your options as to immigration relief are limited. You should consult an immigration attorney to explore your limited options before you divorce is final.
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Reputation Level 8
Answered over 3 years ago. Immigration Attorney in Troy, MI.
You cannot just get your F-1 status back and I assume you has not kept your F-1 status at present time. The only way is to get another I-20 issued by the shcool, leave the country and come back with F-1 visa. However, your unlawful status and filing of an immigrant petition by your husband will make it very difficult for you to prove you will just come back to U.S. to study.

Your husband should withdraw i-130 petition and you should withdraw I-485. U.S. CIS may serve you with Notice to Appear and put you into removal proceedings if you have no other reliefs in this country.
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