Can US citizen spouse divorce, while GC in process ?


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Hi,

I am married to US citizen for almost 2 years ( got married in Nov 2009 ). I am on EAD. If I file GC through my husband, and while its in the process, what happens if he divorces me ?

Since my employee based GC is in process, is it a better option to let that lawyer know that i am married now to US citizen, and send him marraige certificate ? Will he be able to add that info, so that GC is processed faster ?

Please guide.

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In that you are married to a USC, he can file an I-130 and you can switch over a pending I-485 because the immigrant visa will be immediately available as the spouse of a USC.

It might be a waste of money and effort IF the EB I-485 is currently on track to be approved. Did your priority date retrogress after filing an I-485 based on employment so that you foresee a long wait for the priority date to become current again? If not, then you don't need to switch over to an I-130.

Even if your card is eventually granted based on employment, if you remain married to that USC spouse, then you would be able to naturalize early based on marriage.

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please consult a lawyer.

you can have both EB I-140 and FB I-130 petition at the same time. whichever priority date becomes current will allow you to apply I-485. being married to USC makes your FB PD current and allows you to apply concurrently. if your FB petition is withdrawn (due to divorce), you can continue with your EB petition, and once your EB PD becomes current, you can file I-485 later on (or again if your I-485 got denied due to divorce).

is it true that I can have as many petitions as I want so I can also be petitioned by my husband while my employer's petition is pending. Or is it like - if i file through my husband, the one through employer will be cancelled automatically ?

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