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Divorce – EB2 NIW Holder

Published Jun 6,2017 By CAROLINA

Hi,

My husband is a EB2 NIW holder. What will happen if we get divorce? Will I lose my permanent visa? 

Thanks.

Posted in niw
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Tigran Kalaydzhyan
Tigran Kalaydzhyan
6 years ago

You will not lose your green card. However, it is advised to consult with a lawyer regarding the future naturalization consequences. I am not familiar with this part of the law, but I assume that the time you were married while having EB2-NIW may play a role in the process of obtaining the U.S. citizenship.

C.L.
C.L.
2 years ago

Hello,
my husband and I are in the process of applying for our green card via the EB2-NIW route. our I140 was approved and we submitted the application for the I485-EAD-AP in May of 2021. He is the primary applicant and I am the beneficiary. We are both on our own H1Bs at the moment. What would happen if we were to divorce before receiving the I485 approval (before the biometric appointment), or shortly after the completion of the green card process?

Thank you.

BlogSupport
BlogSupport
2 years ago
Reply to  C.L.

Please consult with a qualified attorney regarding your question. Divorcing while I-485 is pending may lead to a denial for you.

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