QUESTION

How does filing divorce affect me

Asked on Dec 29th, 2015 on Immigration - Illinois
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.
Report Abuse

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

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters