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Disclaimer: The contents in this web site are only for your information and are not intended to be legal advice. While many of our applicants successfully obtain their I-140 approvals, the information here should not be considered as a guarantee of your green card application outcome.
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.
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.
Please consult with a qualified attorney regarding your question. Divorcing while I-485 is pending may lead to a denial for you.