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Primary applicant filing for Adjustment of Status i-485 and going through a divorce

Houston, TX |

I was on H1B- employment visa (I am the primary applicant). My i-140 was approved last year. My priority date is now current so I can file for Adjustment of Status (i-485). I am going through a divorce and my final hearing in the court is set in 2 months time. My question is, what should be the martial status on my i-485 application? Should i put in married or divorce? Can i put in my status as divorced and send in a copy of my courts notice for final hearing?

Attorney Answers 5


  1. Best answer

    You should put married BUT you can attach a copy of the Original Petition for divorce and to ad in the addendum you are going through a divorce and attach it to the I-485 you are filing.


  2. "Married". That is your status at the time of filing and will remain so until a final divorce decree is issued by the competent court.

    Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  3. You need to put your status at the time of the filing. So you should put married. You are not divorced until you receive a final divorce decree.

    Alexus P. Sham-The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.


  4. You must tell the truth. You are married. If you try to change something on the application, then it may take more time to process.

    If your future ex-wife tries to file for adjustment and you are divorced before the adjustment is completed, then any adjustment that she tried to file can be denied or rescinded. The fact that you will not provide the paperwork, makes it unlikely that she will process her green card based upon your labor certification.

    This is general information, not legal advice, and does not create an attorney client relationship.


  5. You must put your marital status at the time you file, not in the future. Also, what did your attorney tell you?

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