More details to this question:
I have been married to a US Citizen now for 2years. I recently applied to adjust my status, filing I-130 and I-485 concurrently. My I-130 application has been approved; and my I-485 is pending. However, I am about to file a divorce because I am extremely unhappy in this marriage. My spouse had been arrested over domestic abuse issues; I don't want to stay in an unhappy/abusive marriage all because of immigration. I need my HAPPINESS and don't want this life to continue in 2016. Note: We have attended the interview, and my I-130 was approved after the interview.
1 ANSWER
You would not be able to adjust your status based upon the approved Form I-130 if a divorce is pending. However, as you have indicated your spouse is abusive you may be able to self-petition for a green card under VAWA. You should consult an experienced immigration attorney prior to filing for divorce.
Answered on Dec 29th, 2015 at 3:01 PM