Legal Question in Immigration Law in Missouri
Consequences of divorce during pending 485 AOS?
A married couple finalizes divorce while the beneficiary's marriage-based I-485 AOS is pending. The I-130 has also not been approved. The beneficiary goes back to his home country on his own accord. What are the consequences to the beneficiary?
2 Answers from Attorneys
Re: Consequences of divorce during pending 485 AOS?
The next time the beneficiary wishes to enter the US, he may need to be prepared to explain the situation. There may be some potential concerns if there was an overstay prior to the filing of the I-485. However, if that is not the case, and the marriage simply did not work out, and the beneficiary decides to return home, there should not be other consequences for him.
Re: Consequences of divorce during pending 485 AOS?
Presuming that no interview has taken place, and there is no prospect of the appearance of either party, the petition will be denied and the I-485 considered abandoned. The only consequence is that the beneficiary must find another way to return to the U.S. legally.
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