How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Expert James Your Own Question
Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 10898
Experience:  Write FOR JAMES to get my help!
23431962
Type Your Immigration Law Question Here...
Expert James is online now
A new question is answered every 9 seconds

I have been married 4 years. My wife is a U.S citizen. I was

Customer Question

Hello!
I have been married for over 4 years. My wife is a U.S citizen. I was placed in removal procedings, after that I filed for i130. After my application was approved, The case was approved, my case was dismissed and I became eligible to file i485. I filed the application last July and I did my finger prints after that. Later the USCIS contacted me and they request an evidence that I came legally to this country. My lawyer sent that and they received it on August 27th 2015. And they wrote that they will mail me their decision or contact me if they need something, so I am not sure if I will have another interview or they will waive that.
Lately my wife has changed a lot. And she makes a big deal out of any small issue, but I have been trying to make my marriage work. Last week I found out that she is going out with someone and she has been going out on dates with them.
I talked to her openly about it she said she doesn't want to stay in this marriage and she want to go out and enjoy her life.
At the moment I have my work permit, my removal proceding case was dismissed, and the uscis are working on my adjustment of status application.
She didn't took any actions about divorce but I feel very heart broken and I can't stay here living and see her irresponsible actions and how she broke up a marriage that I was hoping to last. That's why I am thinking about filing a divorce but I need advice because I want to know how a divorce can affect my green card process and also I would like to mention that our marriage was entered in a good faith and she is at fault in breaking this marriage. We live in New Jersey now.
Submitted: 11 months ago.
Category: Immigration Law
Expert:  Expert James replied 11 months ago.

Hello! Thank you for using Just Answer. My name is***** will be assisting you. Please view this as a casual conversation. We will chat back and forth until I have all of the necessary information I need to give you a thorough answer.

Once you have received your answer, you will be asked to rate my customer service. This is very important. I do not get a salary here. Your rating is the only way I get credit for doing my job. So please do not forget to do that by giving me a positive rating with 3 or more stars or any of the smiling faces.

Also, if you want me to be your personal immigration Expert, just write “FOR JAMES" at the beginning of any future, new questions, and I will be happy to help you as your personal Expert.

Please answer the following:

Why were you in removal proceedings in the first place?

Customer: replied 11 months ago.
Because I lost my F1 status and I was married at that time.
Expert:  Expert James replied 11 months ago.

OK, thank you very much. Kindly remember to give me a positive rating before leaving this site today. I do not get a salary here, so your positive rating is the only way I am rewarded for doing my job. If that does not happen, it is as if I never worked, which I am sure you agree would not be an ideal outcome. So please do not forget to give me 3 or more stars, or any smiling faces, in order to help me get credit for doing my job. Thank you!

During this process, please remember that I do not work for the government. My job is to be honest with you about your situation, and sometimes that means I have to deliver bad news. When you are giving a rating, please do not rate the state of the law or the outcome of your situation. I cannot control those things. I am just a messenger.

I know a negative outcome might create negative feelings for you, but those feelings should be directed to the US laws, not me. Thank you for your understanding.

ANSWER: If you have not gotten your green card yet, then a divorce will cause the processing to stop, and you will not be able to get a green card through your wife. That can also start removal proceedings against you.

I know this can be confusing. If you want a 30 minute phone call to discuss this or anything else, let me know. I can send you an offer for that.

I hope I have answered your questions. Kindly rate my customer service with a positive rating so I get credit for doing my job. This is very important. You can do that by giving me 3 or more stars, or any of the smiling faces. And you can keep asking questions even after you have given a rating.

REMINDER: You are not rating the state of the law or the outcome of your situation, which I cannot control. You are rating my customer service. Believe me that I always want to give you good news. But if the outcome is not what you wanted, blame the government and the law, not me. I am only a messenger.

Negative ratings are reserved for Professionals who are rude or unprofessional. Giving me a negative rating does not help you get a different answer or outcome. So do not give a negative rating if you need more help, or if I misunderstood your question. Instead click REPLY so I can continue to assist you.

A BONUS is appreciated, if you feel I've earned it.

If you have questions in the future, write “FOR JAMES" in the question and I will be your personal Expert in this category.

Thank you!

Customer: replied 11 months ago.
A final divorce will stop the process right?
Because I am expecting the USCIS to contact me anytime soon. And we still didn't start the divorce process which is going to take a little long.
Expert:  Expert James replied 11 months ago.

Kindly remember to give me a positive rating before leaving this site today. I do not get a salary here, so your positive rating is the only way I am rewarded for doing my job. If that does not happen, it is as if I never worked, which I am sure you agree would not be an ideal outcome. So please do not forget to give me 3 or more stars, or any smiling faces, in order to help me get credit for doing my job. Thank you!

ANSWER: Yes, divorce stops the process. However you are not allowed to continue with a green card process knowingly headed for divorce. You might think they will not know, but at some point in the future, you will have to provide documentation of the divorce. And that means filing papers and the final decision. If they see the divorce was initialized while you were applying for a green card, or vert soon after you got the green card, you can have your green card taken away.

I know you are thinking you can get the green card and then divorce. But I am here to tell you that it is very possible this will be discovered. And because it is not allowed, you would have little protection against having it taken away.

I know this can be confusing. If you want a 30 minute phone call to discuss this or anything else, let me know. I can send you an offer for that.

I hope I have answered your questions. Kindly rate my customer service with a positive rating so I get credit for doing my job. This is very important. You can do that by giving me 3 or more stars, or any of the smiling faces. And you can keep asking questions even after you have given a rating.

REMINDER: You are not rating the state of the law or the outcome of your situation, which I cannot control. You are rating my customer service. Believe me that I always want to give you good news. But if the outcome is not what you wanted, blame the government and the law, not me. I am only a messenger.

Negative ratings are reserved for Professionals who are rude or unprofessional. Giving me a negative rating does not help you get a different answer or outcome. So do not give a negative rating if you need more help, or if I misunderstood your question. Instead click REPLY so I can continue to assist you.

A BONUS is appreciated, if you feel I've earned it.

If you have questions in the future, write “FOR JAMES" in the question and I will be your personal Expert in this category.

Thank you!

Customer: replied 11 months ago.
I am not willing to lie to them, she suggested if we can legally seperated but I still don't know what I should do. I will need some time to think.
Expert:  Expert James replied 11 months ago.

I think it is a very good idea to think on it. A separation is not a divorce. But being separated and filing an I-485 based on marriage is incompatible, because it tends to lack of a good faith marriage at the time of processing the green card. So only if you reconcile should you consider proceeding this way.

Kindly remember to give me a positive rating before leaving this site today. I do not get a salary here, so your positive rating is the only way I am rewarded for doing my job. If that does not happen, it is as if I never worked, which I am sure you agree would not be an ideal outcome. So please do not forget to give me 3 or more stars, or any smiling faces, in order to help me get credit for doing my job. Thank you!

Expert:  Expert James replied 11 months ago.

Hi, I’m just checking in to see how things are going and to confirm that you received my answers.

I have not yet received a rating for my customer service. Do you need more help or need me to explain anything else? Please respond so that I know what to do next.

Related Immigration Law Questions