Legal Question in Immigration Law in California

Perhaps losing eligibility

Came to the US on a visitors visa, married a long time friend [US citizen] one month after arrival and filed a I-485 6 weeks after marriage. Due to his navy committment here we are somewhat stuck in CA. However, we are now considering a divorce less than a year after our marriage. He has not been abusive or cruel, I merely married a man who turned out to be a better friend than husband. I have made my home here and wish to stay, do I have any options?


Asked on 1/17/01, 5:15 pm

1 Answer from Attorneys
Vivian Szawarc Law Offices of Vivian N. Szawarc

Re: Perhaps losing eligibility

If you divorce before the petition is adjudicated (interview) then the petition becomes obsolete. However,if you remain married, even if separated, you might qualify for a special program by immigration where they will assess the bonafide status of your marriage regardless of the current situation, as long as there is no divorce. The latter might be useful to you if you remain in good terms with your husband, and he is willing to go with you to the interview to testify that the marriage was real, but it just did not work out.

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Answered on 2/12/01, 7:17 pm


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