Filing for divorce or separation


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Hello, my husband is going through his 485 application processing (EB-3/India) with a priority date of April 2014, and I am currently on the application as a dependent. We are aware that the final green card can only be processed and issued when the PD becomes current, which could be any time in the near or long term future. My personal situation has unfortunately changed for the worse, that is forcing me to think of getting a divorce or legal separation with my husband:

- If I were to get a divorce, does that automatically void my green card application?

- If I were to get a legal separation, does my husband have the authority to remove me from his green card application process if he so chooses? If so, what recourse do I have?

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First, what does "currently on the application as dependent" mean? Have you filed an I-485? An I-485 is your own application, though the underlying I-140 lists you as dependent. You should discuss your situation with a good immigration lawyer.

 

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