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.
"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.
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.
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and you are divorced before the adjustment is completed, then any adjustment that she tried to file can be denied or rescinded.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.
Divorce Divorce decree Divorce petitions and complaints Immigration and divorce Immigration Green cards Employment-based green cards Adjustment of immigration status US visas H-1B specialty occupation visa Visa priority application dates Immigrant status Employment Foreign and immigrant workers Form I-485 (adjustment of status) Form I-140 (alien worker)