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rkt19

Divorce while AOS pending

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Hi,

I'm currently on my EAD/AP, awaiting GC through my spouse.My AOS application is pending (priority date is EB2  July 2009)and it's through my spouse's employer,he is the primary applicant. We are planning to file for divorce this year in California. We've been married for 12 years,separated for 4 years (on and off). We have a 8 year old kid who is a US citizen. I'm currently employed and my work authorization is EAD through pending AOS for the past 4 years.Spouse is using his H1-b status for work and uses AP for travel. I want to know what my options are if he goes ahead and files for divorce at this point. We will be most likely going in for shared child custody.

1. What measures can I take besides filing for H1-B through my employer to secure my legal status ?
2. Will filing divorce affect my GC/AOS application at this point? or will it be withdrawn /denied only after the mandatory 6month cool off period from the date of filing when the divorce is granted?
3. I can request for H1-B and activate it but I came to know that activating my H-1B and getting consular processing(leaving the country and getting H1-visa stamped) will abandon my AOS application immediately and I'm not sure if I 
should be doing it now as it would mean I'm voluntarily giving up on GC in case the dates become current this year
4. Loosing my AOS would also mean that I will be exposing myself to the risk of being forced to go back to India and separated from my son (US citizen). Since it's a compelling reason ,is there anything I can do to avoid this situation?

I'm in need of family immigration and divorce advice given my circumstances.

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You can get Immigration guidance should you call the firm or any of your choice and retain them.

Divorce Lawyers in CA should be the ones to guide you. If you live in CA as it looks like it is a community Property State and you have enough leverage. Wait for the GC before finalizing a divorce.

Going in to H1 status DOES NOT result in abandonment of your AOS. Be careful and do not let him bulldoze you in to any arbitrary decisions.

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