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I'm going through divorce in USA and intend to marry a U.S.

I'm going through divorce...

I'm going through divorce in USA and intend to marry a U.S. citizen while living in USA. I have employment based i485 pending as a dependent which will be withdrawn by current spouse as soon as divorce papers are filed. What do i need to do to make sure i remain in status?

Lawyer's Assistant: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet?

I'm want to know what paperwork needs to be filed once I get married.

Lawyer's Assistant: Have you talked to a lawyer yet?

No

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Answered in 1 minute by:
3/7/2018
Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 6,808
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. I'm reviewing your question and will be with you in a few minutes.

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The only way to make sure that you have as few days out of status as possible is to have all the applications and documents ready and as soon as your divorce becomes final, you would marry your new future spouse. Once you are married, you can immediately mail all the applications in to USCIS. Once they receive it, you will immediately be back in a temporary legal status while you await the decision from USCIS. Since your application will be based on marriage to a US citizen, then it will be fine that you spent a few days or weeks out of status. That is forgiven upon approval of a I-485 based on marriage to a US citizen.

I know immigration issues like these sometimes seem complicated and confusing. If at any time you would like to have a more detailed consultation by phone or if you need help with preparation or review of applications, I can send you an offer to exchange contact information so I may help you with these legal services for a reasonable fee in the future. You don't have to decide if you would like that now, but just letting you know it's an affordable option for you to keep in mind for whenever you'd like.

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Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 6,808
Experience: She has worked on all types of U.S. Immigration cases since 2007.
Verified
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Customer reply replied 4 months ago
is it application for i485 - adjustment of status ?
Phone call session started

:)

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Experience: She has worked on all types of U.S. Immigration cases since 2007.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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