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    senorita2007's Avatar
    senorita2007 Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Feb 3, 2009, 09:44 AM
    Green card status after divorce
    Hi
    I got married in India and came to USA with my husband. Its been 5 years now we havea 3 year old kid.. Our green card is processed by his company. We got our EAD and waiting for 140 and 485 to clear.we are in the final stage. Now we are thinking of divorcing but I want to live here even after divorce.
    Is it possible to be here even though I am not his wife or is it possible that he can initmate the INS and make me an illegal alien and throw me out of USA.
    I want to get the green card and live here...
    Please help me...
    lawanwadee's Avatar
    lawanwadee Posts: 3,653, Reputation: 124
    Immigration Expert
    		  
    #2

    Feb 3, 2009, 11:29 AM
    Quote Originally Posted by senorita2007 View Post
    hi
    I got married in India and came to USA with my husband. its been 5 years now we havea 3 year old kid.. Our greencard is processed by his company. We got our EAD and waiting for 140 and 485 to clear.we are in the final stage. Now we are thinking of divorcing but i want to live here even after divorce.
    Is it possible to be here even though i am not his wife or is it possible that he can initmate the INS and make me an illegal alien and throw me out of USA.
    I want to get the greencard and live here...
    please help me...
    Wait until I-485 is approved and then you can be on your own and keep your status... if divorce now, you will be out of status.
    DCcityboy's Avatar
    DCcityboy Posts: 648, Reputation: 27
    Senior Member
    		  
    #3

    Feb 12, 2009, 07:46 AM
    Quote Originally Posted by lawanwadee View Post
    Wait until I-485 is approved and then you can be on your own and keep your status... if divorce now, you will be out of status.
    +1, your status is dependent on your husbands current pending status. If you divorce now, you will no longeer qualify for dependent status. Off topic, counseling? Good luck to you!
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