Legal Question in Immigration Law in Alabama

My spouse filed I-140 & I-485 concurrently under EB-1, but deceitfully asked his attorney to not file my I-485 though we had sent my application too.Now his I-140 has been approved. What are my options to file my I-485 and get GC. Can I still file my I-485 as derivative without principal applicant's support.

Asked on 3/03/17, 6:46 am

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

If you can get a copy of your spouse's I-140 approval notice or I-485 approval notice (if he's already been approved for a grencard), then, yes, you can file separately, as long as you can prove you are still legally married. If/when you get your greencard, I suggest you find a good Family law Attorney! Good luck.

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Answered on 3/03/17, 8:57 am

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