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I MARRIED A US CITIZEN 2012 ,SHE FILED I-130 AND I-485 -

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I MARRIED A US CITIZEN...
I MARRIED A US CITIZEN 2012 ,SHE FILED I-130 AND I-485
- JUNE 2012 WE HAD THE INTERVIEW..NO DECISION UNTIL NOW..
- IN MAY 2015 I FILED FOR DEFFERED ACTION FOR CHILDHOOD ARRIVALS..BECAUSE
I WANT TO FILE FOR DIVOTCE.
- I HAD MY FINGER PRINTS IN JULY 2015 FOR THE DEFERRED ACTION CASE
- MORE THAN 7 MONTHS AND NO DECISION ON THE DEFERRED ACTION CASE.
- MY QUESTION IS :WHAT WIL HAPPEN IF I DIVORCE MY WIFE NOW AND BEFORE THE DECISION IS MADE ON THE DEFERRED ACTION CASE?
Submitted: 2 years ago.Category: Immigration Law
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Answered in 6 minutes by:
2/4/2016
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 2 years ago
Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 6,409
Experience: She has worked on all types of U.S. Immigration cases since 2007.
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Hello, my name is ***** ***** I will be the immigration attorney helping you today.

Those cases are two completely separate cases so it will not affect your deferred action application ( DACA) just because you divorce your wife. If you divorce your wife, your DACA case will continue processing. You should definitely follow up on the case by calling the 1-800(###) ###-####and find out what the delay is.

As for the I-485, that is an extremely long time for it to be pending. I'm assuming there were some issues with the marriage You can also do the same for your I-485 case, but that you should do at your local service center by making an in person infopass appointment on USCIS.gov. However, You will likely not receive your green card unless they approve your I-485 very soon.

Good luck to you during this process and I hope this answer has helped you!

If you are not satisfied with my answer or if I did not understand your question correctly, please ask me for clarification and I will be glad to clarify. Your satisfaction is my goal.

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Customer reply replied 2 years ago
thanks.
if i divorce before the decision on the deferred action case , am i going to be in removal proceedings process?
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 2 years ago

You would not automatically be in removal proceedings, no. First your I-485 case would have to be officially denied and if that happens, then the USCIS officer will decide whether to refer your case to immigration court or not. There is a good chance that you may be referred to court if it's denied, but it's not certain. Not all cases are sent to court.

I hope this clarifies your doubts and I hope that you can now issue a positive rating. Best of luck.

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Customer reply replied 2 years ago
thanks,
is the approval of the deferred action case will protect me from removal proceedings court..so i can withdraw the petition of my us citizen wife (i-130 and i-485)
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 2 years ago

I will be happy to answer your additional question but please keep in mind that you can ask questions even after you rate me. The question will not close and I do not receive credit unless you rate me.

-- If you are approved for deferred action, you can still be referred to removal proceedings (court) BUT you would be able to have your case administratively closed (temporary closure) while you have valid deferred action status.

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Customer reply replied 2 years ago
if the divorce process is done and i get the divorce decree ..shall i notify the immigration by that or they will be notified by the state or other sources..
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 2 years ago

Yes, you should notify immigration because if you are approved after that, it would not be valid if you are divorced. Once you get divorced, you should submit a letter to withdraw the I-485. Immigration will not be notified by the state or others.

I must go now but I hope this has clarified and I do hope that now you are able to rate me positively. Thanks in advance!

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Jen Marie, Esq., Immigration Attorney
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