What happens to a wife's existing EAD which may have arrived or application of green card once she is divorced from her husband?

Asked 9 months ago - Ocean City, NJ

I got married in May 11. His case was EB3 India with a PD of 9/06. He held a EAD and re-filed his H1 and got me into the USA on H4,. He had told me before I arrived in USA that he will file a I-485 for me after I get there, and I would could get a travel document and EAD at that time. I arrived in the US, but do not know if he filed anything. He merely told me a EAD was not possible immediately.

I left my husband in February of 2012, and filed for divorce in India in Sept 12,. He changed his job in Mar 13, and may have changed his status to EB2, as he earned his Master's degree

Could my EAD would have been applied or processed? I don't remember signing on anything? What are my options ? Is there a way to find out info on my file from anywhere w/o his help. I only hv H4 visa info.

Attorney answers (2)

  1. Alexander M. Ivakhnenko

    Contributor Level 20

    1

    Lawyer agrees

    1

    Answered . You seem to lose that EAD eligibility or any legal AOS possibility with that spouse upon divorce.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more
  2. Ajay Kumar Arora

    Contributor Level 19

    Answered . As a derivative spouse, you cannot be issued an immigrant visa or obtain approval of an adjustment of status application upon divorce.

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