my wife is divorcing me and my I-130 is still in process, I'm in the US with an overstay visa,we entered the marriage in bona-fide but now she changed her mind
If the I–130 has not been approved, you will not likely be able to obtain permanent residence through the marriage even though the marriage was bona fide in its inception. Even with an approved I-130 petition, immigration officers will not allow an adjustment of status application to permanent residence continue if the US citizen spouse refuses to continue the case. In the event of separation but no final divorce, there is a possibility of the case continuing if the US citizen spouse consents to its continuation. In the event of a divorce, no continuation of the case would be allowed.
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