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

Asked 9 months ago - 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. Giacomo Jacques Behar

    Pro

    Contributor Level 20

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    Answered . "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... more
  2. Haroen Calehr

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    Contributor Level 17

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    Answered . 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.

  3. J. David Swaim Jr.

    Pro

    Contributor Level 13

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    Lawyers agree

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

  4. Alexus Paul Sham

    Pro

    Contributor Level 20

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    Answered . 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... more
  5. Kevin Lawrence Dixler

    Contributor Level 20

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    Lawyer agrees

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    Answered . 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.

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