applying for adjustment of status while having a pending case

[RomeoNan 0]

Dear VJers

its been a long time i have not been here, but today i have to help a friend of mine and i need your assistance in this my friend has a pending case since year 2004 (based on marriage to a US citizen)and they assign him a appointment date but he postponed that appointment date for some reason and after awhile they got divorced so they made the case pending because the marriage is no more valid

in 2005 he applied for another case(immigrant petition for alien worker)

they gave him an approval for that petition (I-140)

now in 2008 he checked with the USCIS via phone and they told him to apply for adjustment of status (I-485)

but the problem is his lawyer she told him that he has to close the pending marriage case so she can proceed applying for the new case which is the adjustment of status.

now he is confused because of two things

first : he has no idea about how to cancel a case with the uscis

second: is that right that he has to close that pending case or he could file for the adjustment of status while that case still pending.

please guys help me with this issue and i would appreciate any help you would provide

[Zee Bee 61]

Dear VJers

its been a long time i have not been here, but today i have to help a friend of mine and i need your assistance in this my friend has a pending case since year 2004 (based on marriage to a US citizen)and they assign him a appointment date but he postponed that appointment date for some reason and after awhile they got divorced so they made the case pending because the marriage is no more valid This does not sound right to me. If he was no longer married to the USC then adjustment would be denied, not changed to pending. Did he notify USCIS of the divorce?

in 2005 he applied for another case(immigrant petition for alien worker)

they gave him an approval for that petition (I-140)

now in 2008 he checked with the USCIS via phone and they told him to apply for adjustment of status (I-485)

but the problem is his lawyer she told him that he has to close the pending marriage case so she can proceed applying for the new case which is the adjustment of status.

now he is confused because of two things

first : he has no idea about how to cancel a case with the uscis

second: is that right that he has to close that pending case or he could file for the adjustment of status while that case still pending. I think he needs to check with USCIS to make sure that the previous case was closed. He needs to write a letter to the service center where it was being processed to make sure it was closed. If not, he may have to request that the application be withdrawn. I don't know if he can do it or if his ex-wife needs to do that.

please guys help me with this issue and i would appreciate any help you would provide

[RomeoNan 0]

where are you guys i need your help

[Dr. A ♥ O 203]

he has to close the pending case and does that by sending a letter of explination signed and dated.