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Immigration Issues/Divorce with i-485 case pending

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Question
i have a pending I-485 case and i have been married to my US citizen husband for close to four years,whom i married in good faith. I recently met someone else that has changed my life and i want to be with and i no longer want to be married to my husband. My guy has a green card and so i want to know if i can divorce my husband, withdraw my INS application and refile with this guy. The thing is if i withdraw my application i will likely be out of status till the divorce is final and that could be up to 6 months or a year. Will being out of status affect my future I-485 application? What about having a prior marriage and withdrawing the application?

Answer
You can not file an I-485 when your guy is only a green card holder until the I-130 is approved and the filing date is current. This will take about 5 years unless he is eligible to become a citizen before that. You will become out of status as soon as the divorce is fina, and will not be eligible to file I-485 untill green card guy becomes a citizen.


Regards,

Robert

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