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divorce while green card application pending

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Hi all. This is my situation. I got married in April 2012, I sent all paperwork (I-485 and EAD), I had biometrics on August 29, and I received a letter asking for the medical exam and copy of tax return for the affidavit of support (and I have 87 days to do so, starting August 20th).

On September 1st my wife and I have decided to divorce and we have started the paperwork. The temporary work permit that I filed concurrently with green card will come any day now, but I assume if I get a divorce or denied I-485 the temporary work permit will be canceled as well.

Can I ask to cancel my application (I-485 and all) and receive some refund of the application fee? Money aside, if I will not send the requested additional proof they will deny my application and that will stay as a red flag forever. I am planning to get a H1B work visa once divorce is final or even before that and i wonder if the denial will negatively affect my future imigrations applications. I am aware that I have 30 days to leave USA unless I get the new visa.

To sum up, should I let the green card application move and get denied or ask to be canceled, if that can be even an option? Anyone im my situation that can give informed advice?


Edited by zeye007

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There is no refund, no.

You can give USCIS a call and state that you'd like to cancel your application for your green card. I personally would not simply let it expire.

Work visas are not easy to get, unless you have a highly sought after skill. Do you?

It seems that you want to divorce your wife and yet stay in the United States legally, which will be very difficult if it's even possible.

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