Eligibility
Mar 18th 2004, 7:55 pm
#1
Guest
Posts: n/a
Eligibility
Three years ago my husband and I applied for a green card under
"employment" - extraordinary abilities. My husband is the main figure;
I applied with him as a spouse. The I-140 Petition was approved in
February, 2002. We filed for I-485 in May 2002, and right now we are
in the process for the green card. Our status is "Adjustment to
Permanent Resident Status". Our fingerprints were already taken in
September 2003, and we had the medical exams done in August 2003. In
other words, we are in the last phase of the process and we are
expecting the final decision of INS. My question is, in case of a
divorce between me and my husband before the green card is granted,how
it is going to affect me if he is the main person in this process? Do
I have the right to continue the process on my own and to complete my
paperwork if he wanted the divorce. I would appreciate if you could
give me an advaice or suggestion! Thank you in advance for your
cooperation.
Anna
"employment" - extraordinary abilities. My husband is the main figure;
I applied with him as a spouse. The I-140 Petition was approved in
February, 2002. We filed for I-485 in May 2002, and right now we are
in the process for the green card. Our status is "Adjustment to
Permanent Resident Status". Our fingerprints were already taken in
September 2003, and we had the medical exams done in August 2003. In
other words, we are in the last phase of the process and we are
expecting the final decision of INS. My question is, in case of a
divorce between me and my husband before the green card is granted,how
it is going to affect me if he is the main person in this process? Do
I have the right to continue the process on my own and to complete my
paperwork if he wanted the divorce. I would appreciate if you could
give me an advaice or suggestion! Thank you in advance for your
cooperation.
Anna
Mar 22nd 2004, 7:35 am
#2
Guest
Posts: n/a
Re: Eligibility
"Anna" <[email protected]> wrote in message
news:[email protected]...
> Three years ago my husband and I applied for a green card under
> "employment" - extraordinary abilities. My husband is the main figure;
> I applied with him as a spouse. The I-140 Petition was approved in
> February, 2002. We filed for I-485 in May 2002, and right now we are
> in the process for the green card. Our status is "Adjustment to
> Permanent Resident Status". Our fingerprints were already taken in
> September 2003, and we had the medical exams done in August 2003. In
> other words, we are in the last phase of the process and we are
> expecting the final decision of INS. My question is, in case of a
> divorce between me and my husband before the green card is granted,how
> it is going to affect me if he is the main person in this process?
Unless you can obtain a temporary status on your own, like F-1 or H-1B, you
will have to leave the U.S. (or become illegal).
Do
> I have the right to continue the process on my own and to complete my
> paperwork if he wanted the divorce.
No.
I would appreciate if you could
> give me an advaice or suggestion! Thank you in advance for your
> cooperation.
It would probably be better for you to put off your divorce until your I-485
is approved. There is no way for you to obtain permanent resident status
based on your spouse's employment-based process if marriage is terminated
prior to the granting of PR status to you, which in your case will occur on
the day the I-485 is approved.
news:[email protected]...
> Three years ago my husband and I applied for a green card under
> "employment" - extraordinary abilities. My husband is the main figure;
> I applied with him as a spouse. The I-140 Petition was approved in
> February, 2002. We filed for I-485 in May 2002, and right now we are
> in the process for the green card. Our status is "Adjustment to
> Permanent Resident Status". Our fingerprints were already taken in
> September 2003, and we had the medical exams done in August 2003. In
> other words, we are in the last phase of the process and we are
> expecting the final decision of INS. My question is, in case of a
> divorce between me and my husband before the green card is granted,how
> it is going to affect me if he is the main person in this process?
Unless you can obtain a temporary status on your own, like F-1 or H-1B, you
will have to leave the U.S. (or become illegal).
Do
> I have the right to continue the process on my own and to complete my
> paperwork if he wanted the divorce.
No.
I would appreciate if you could
> give me an advaice or suggestion! Thank you in advance for your
> cooperation.
It would probably be better for you to put off your divorce until your I-485
is approved. There is no way for you to obtain permanent resident status
based on your spouse's employment-based process if marriage is terminated
prior to the granting of PR status to you, which in your case will occur on
the day the I-485 is approved.
