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Immigration Issues/Divorce or not,why is the process so long?


Followup To
Question - Thank You so much. However,will the divorce affect my I485,will I be able to get my green card?
I got married in April,2001 while I was 4 months pregnant. I filed all my papers on 4/30/2001. However, the day I was to go in for my change of status,i.e. 9/11/2001,my daufgter was born the day before. So, I was rescheduled for Jan.2002,upon which my no good husband decided not to come because he was fearful I would leave him once I got through. Anyway that same year in May, he beat me up and tried to kidnap me and our child,breaking the window of the car with the baby in the back of the car. I immediately seeked a divorce, but was adviced to file the I360. It was approved in Nov.2002,but I have not received any notice regarding my I485. Can I divorce him aand still have my working priviledges and stay in the country. I have been paying taxes for the last 3 years and although I am a single mom my child is well taken care of and abundantly loved. Please tell me what to do? I want to get my change of status rectified because, I went back to school persuing nursing and could only do 1 pre-requisite, because they were charging me as an overseas student. I was denied any student aid although I mentained straightA's and received a 4.0 gpa at the end of the semester. I can't go back to school because I have no money and my daughter starts preschool and it is not cheap!
Please, I ask of you, help me to strive to be the best and do the best to secure my child's future. I really want out of this neverending struggle because this man has not given me a dime in a while(1yr) and he has a new baby with another woman.Your speedy reply is appreciated.

Sheena Wiley
Answer -
The law only states that you must still be married at the time of the I-360 filing. Therefore, there is no problem with you getting divorced now that it is filed and approved.


You may need to file a new I-485 since the category has changed from marriage to battered spouse. Sometimes they just change the category when you get called for interview, but alot of the officers require a new filing. You can save time and protect yourself by filing a new I-485.


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Robert Hollander<B> Esq.</B>



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