Hialeah, FL Immigration Law Firms & Lawyers

Hi.  I am sorry to hear your story. If you get divorced, your case will be canceled and denied. If you do not plan to stay together, you cannot file on your own or keep the case active. 

Generally speaking, USCIS issues an employment authorization approximately 90 days after an I-485 application for adjustment of status to permanent residence is filed if so requested on form I-765 application for employment authorization. I note that in the process, your US citizen spouse would have to submit an I-864 affidavit of support form on your behalf. Your income would not count for purposes of the affidavit of support. As your contemplated spouse is unemployed, you should both also think of contacting relatives or friends to see whether they would be amenable to submitting joint affidavits of support on your behalf. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

All immigration questions depend heavily on the facts of each individual applicant, and there are no easy answers. The best thing you can do is visit with an attorney and go over your options.