we've been married for almost 7 years. we have an approved i130 but was put in removal proceeding because of failure to appear. anyway i have an attorney and we've refiled the 485 with the courts and are waiting for our master hearing on july 30. this process has put a lot of strain on our relationship and now she wants a seperetion. i want to knoow what my options are should this lead to a divorce.
If you get divorced, the burden on you is to prove that your marriage was entered into in good faith, and has just not worked out at this point. I would suggest that it is not a good idea to get divorced during the proceedings, even though it may be possible to get adjustment of status, why cause more stress and problems than necessary? As general advice, try to find a way to work things out with your spouse. And as always, seek the advice and representation of a compentent, experienced immigration attorney.
If you have an attorney you should direct these questions to them. Of course its not a good idea to get a divorce while in removal proceedings but if your marriage is failing and that is what your spouse wants than you really don't have a choice.
212 537 4407
Get free answers from experienced attorneys.
24,185 answers this week
2,447 attorneys answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary