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  • Divorce during I-485 process

    Our friend found himself in a difficult situation; we were hoping someone here may have some suggestions. He is a foreign national, married an American a couple years ago, and they had a child. He submitted I-485 and has his employment authorization, but no green card yet. Everything was going well, but he has just found out that his wife has been unfaithful to him. Other problems have surfaced too. There were no indications, and now all of a sudden everything is going very badly. He has no choice but to file for divorce and try to get the custody of their child. He consulted a lawyer, and should be able to do that given the current situation. The question is, can he still somehow continue the I-485 process and get his green card? He married for love and can prove that (wedding pictures, joint accounts, last name changes, and a child), but now because of the actions of his wife, has no choice but to file for divorce. What can he do to stay in the US? Can he keep his employment authorization? All of his family (parents and siblings) are in the US as permanent residents, and returning back to his country is really not an option for a number of reasons. Plus he has a child who is a US citizen, and does not want to leave it. The situation is overwhelming to say the least. Can anyone offer any advice? He is also looking for an immigration lawyer willing to help, so any information/suggestions are greatly appreciated.

  • #2
    Our friend found himself in a difficult situation; we were hoping someone here may have some suggestions. He is a foreign national, married an American a couple years ago, and they had a child. He submitted I-485 and has his employment authorization, but no green card yet. Everything was going well, but he has just found out that his wife has been unfaithful to him. Other problems have surfaced too. There were no indications, and now all of a sudden everything is going very badly. He has no choice but to file for divorce and try to get the custody of their child. He consulted a lawyer, and should be able to do that given the current situation. The question is, can he still somehow continue the I-485 process and get his green card? He married for love and can prove that (wedding pictures, joint accounts, last name changes, and a child), but now because of the actions of his wife, has no choice but to file for divorce. What can he do to stay in the US? Can he keep his employment authorization? All of his family (parents and siblings) are in the US as permanent residents, and returning back to his country is really not an option for a number of reasons. Plus he has a child who is a US citizen, and does not want to leave it. The situation is overwhelming to say the least. Can anyone offer any advice? He is also looking for an immigration lawyer willing to help, so any information/suggestions are greatly appreciated.

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    • #3
      Filing Petition under Battered spouse will be the right choice.
      Its a discussion, not a legal advise..

      Comment


      • #4
        If you looking for someone to recommend an immigration attorney (specializing in Family Immigration most likely in this case), it will be helpful to include City and State.
        ...Mistake Recognized is half corrected ...

        Comment


        • #5
          My friend is in Eastern Washington, but he doesn't expect to find a local attorney since he lives in a small town. If you have any recommendations for somebody in the Pacific Northwest, they would be very helpful.

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          • #6
            the wedding pictures, joint accounts,child etc. etc, don't prove that the marriage was in the good faith out of love. Some of the immigrants are so desperate that they would do ANYTHING to get the GC-having the kids with the person they USE including. I think he needs to have a GOOD proof that his wife has been unfaithful to him.
            If he proves than he has a chance but no otherwise.

            Comment


            • #7
              Thanks for the input. Yes, he does have GOOD proof. That is the reason that left him with divorce as the only choice.+

              Comment


              • #8
                I also heard that if they have not yet gone through the green card interview, there are virtually no way for him to get LPR status. Is that true? On the other hand, some people are talking about "good faith" issue, i.e. if you can prove that marriage was entered into in good faith, you can still get your green card. Can you somehow use this argument if you haven't received your green card yet?

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