Can I File for an Adjustment of Status if Seeking a Divorce?

Aggie Hoffman

Can I file for adjustment of status, on my own, if I’m in the process of a divorce from my American citizen spouse? I have been married to my wife who is an American citizen since 10/06/2009, however we have never filed for an adjustment of status. We were supposed to file the petition within months of getting married however, that didn’t happen. We lived together, bought a car, a house and opened a restaurant together among other things that occurs within a legitimate marriage. I now want a divorce because our marriage is falling apart and I don’t want to live like this. Does this mean that I have to go back to my home country?

Based on what you describe, it certainly sounds like a bona fide marriage. You talk about adjustment of status, but never mention a visa petition. If your wife has not filed the visa petition (I-130) and it has not been approved, you cannot file for adjustment. Perhaps the restaurant can be used to help you stay in the U.S. You urgently need to consult an immigration attorney for an analysis and options available to you.

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