Muscatine, IA asked in Immigration Law for Iowa

Q: Eligibility for a transfer of i-485

I have an I-485 adjustment of status pending which was filed through my ex-husband's employment (i-140, EB-2 NIW) (I am a derivative applicant). We applied concurrently i-140 and i-485. Both forms are still pending. We were married for more than 2 years. I divorced my husband and got married to a USA citizen. My question is if I am eligible for a transfer of my i485 or not. I read that I am eligible if I have no break in the continuity of my underlying eligibility. But I cannot find any information on if/when eligibility is terminated. My question is if I am still eligible or if I lost my eligibility immediately after the divorce?

Thank you in advance for the help.

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3 Lawyer Answers
Alexander Ivakhnenko
Alexander Ivakhnenko
Answered
  • Immigration Law Lawyer
  • Wheeling, IL

A: I’ll be honest with you; both immigration cases require a licensed immigration attorney. There is no other way to handle it professionally.

Kevin L Dixler
Kevin L Dixler
Answered
  • Immigration Law Lawyer
  • Chicago, IL

A: More information is needed. There are likely issues about your marital relationships best discussed and evaluated by a competent and experienced immigration and visa attorney in an office setting. This, before you decide what is in your best interest.

Samuil Buschkin agrees with this answer

Samuil Buschkin
Samuil Buschkin
Answered
  • Immigration Law Lawyer
  • Ridgewood, NJ

A: I would need to gather more facts and look at your documents and you should speak to a lawyer but I think that the I485 relates to your first petition and you would absolutely need to submit a second one based on your second petition with husband #2. Again, can only be answered after a full case evaluation.

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