H4 Dependent getting divorce GC priority date EB2 2012 Nov is current

[R369213]

Hi All,

I came to US in 2011 as a dependent with 5months old kid. Another kid born in US in 2013. Boy kid is 11 years old India born, girl kid is 8 yrs old US born. after 10 years of marriage husband filled divorce while I was in h4, later applied h1 and got approved valid till 2023 September. 
 

Husband i140 was on Nov 2012- EB2. Now GC priority date is current and he is not filing i485. He doesn’t want to file i485 until divorce got finalized. 
 

Am I still eligible to get GC with priority date Nov 2012 and submit i485 without husband submission or after divorce? 

[R369213]

Just now, R369213 said:

Hi All,

I came to US in 2011 as a dependent with 5months old kid. Another kid born in US in 2013. Boy kid is 11 years old India born, girl kid is 8 yrs old US born. after 10 years of marriage husband filled divorce while I was in h4, later applied h1 and got approved valid till 2023 September. 
 

Husband i140 was on Nov 2012- EB2. Now GC priority date is current and he is not filing i485. He doesn’t want to file i485 until divorce got finalized. 
 

Am I still eligible to get GC with priority date Nov 2012 and submit i485 without husband submission or after divorce?