Legal Question in Immigration Law in California

If i485 cancelled ,How long can I stay in USA?

I married a girl a few months ago.We submitted the I485. But then find she takes drug. I can not tolerate this stuff...I want to divorce her and cancel the I485 petition.

I heard that it may take a few months to get the divorce done（absent divorce ) .

My previous visa was already expired. I have a EAD card now.

My question : 1 once the I485 is cancelled , can I still stay in USA ?Cause I need to wait for the divorce decree .

2 how to cancel the I485 /I 130 application? can I cancelled it by myself?

3 Shall I tell the USCIS that I want to postpone the interview cause I may going to divorce her?

Hope someone can help me on these questions.

Thank you


Asked on 10/18/14, 8:59 pm

2 Answers from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

Once the I-130 petitoin is withdrawn (by the Petitioner), or the I-485 is withdrawn (by the Beneficiary), or the I-485 is denied (by USCIS), the adjustment of status applicant loses legal status & therefore starts accruing unlawful presence.

It is thus advisable to leave the United States if any of those circumstances apply.

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Answered on 10/20/14, 12:28 pm
Rahul Manchanda, Esq. Manchanda Law Office PLLC

Please call me at (212) 968-8600 or toll-free at (800) 750-1828. Kind regards, RDM

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Answered on 10/22/14, 4:25 pm


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