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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 106920
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Getting divorced while in Advance Parole waiting

Customer Question

Getting divorced while in Advance Parole waiting for our green cards. Our adjustment of status is pending.
We are seriously contemplating Divorce.
I wanted to check what will happen to my wife's immigration status as she is the beneficiary to my application.
I have a 7 year old daughter who was born in the Usa.
Submitted: 9 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.
Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. What is the basis of the Adjustment of Status case? Someone has applied for you and your spouse is a derivative or you are applying for your spouse?
Customer: replied 9 months ago.
My company applied for me and my wife is the derivative.
EB3 category
Labor approved 2007
Still in Que for Green card
Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.
So you were each able to file an I-485 because your Priority Date became current but later retrogressed?
Customer: replied 9 months ago.
We filed 485 in I think in 2008!when there was that analogy and we had a month to file our I 485 and we got EAD and Ap.
Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.
Well, unfortunately, as soon as the divorce is final, any underlying derivative status is supposed to be cancelled, that means the I-485 and EAD and AP. Immigration may not know about it until later. So if I were her, I would not work travel on the AP after the divorce at the very least. Your daughter would continue as normal as that relationship is not terminated. If you want your spouse to get a green card through your process, you should probably wait a few months at least until after you all get the green card approved before you file for divorce. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see any stars or smiley faces, please at least leave a THANK YOU for me so I can let the administrators know. Your question thread does NOT close, so you can ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.
Customer: replied 9 months ago.
The problem is green card won't come for a few years.
Customer: replied 9 months ago.
What other options do we have.
Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.
Options to do what? Keep her in legal status? Not many. Have you been maintaining your H-1B and her H-4? If not, I won't have good news for you.
Customer: replied 9 months ago.
How about a legal separation. Is there some thing like that or a quasi divorce in some fashion.
Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.
It depends on the state that you live in. As far as USCIS goes, normally, they will terminate derivative status upon a divorce. Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see the stars or smiley faces, please at least leave a THANK YOU for me so I can let the administrators know. Also, we do NOT finish just because it says "Rate to Finish" or something like that. Your question does NOT close and you can continue to ask questions without additional charge on the same question thread even after you leave a positive rating. Thank you for your understanding!
Customer: replied 9 months ago.
I live in NJ. How would legal separation work
Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.
There is no legal separation in New Jersey. You just split up and come to an agreement about things without actually entering into a divorce. Here is a link to a good article: http://www.divorcesource.com/ds/newjersey/can-i-file-a-case-for-legal-separation-in-new-jersey--3943.shtml Please don't forget that positive rating. I only keep mentioning it because if you can believe it, about 30% of people on this site don't leave a positive rating and since I am not given a salary to be here, it's as if I spent my time responding for free. So you can understand, that's like working 40 hours per week, 5 days a week and not being compensated for every Friday and most Thursdays. Talk about unfair! So I hope you leave that positive rating. Your question does NOT close if you forgot to ask something. You aren't charged again if you respond on the same thread. If you don't see the stars by my name, just let me know. Thank you for your understanding.
Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.
Hello Sandy. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!
Expert:  Guillermo J. Senmartin, Esq. replied 9 months ago.
Hello. I'm just following up with you again to see how everything is going. Did my answer help? Please let me know. Thank you!

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