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Adjustment of Status

If my marriage ends in divorce can i adjust my K visa status?

If you entered the country on a K visa, were married, and then divorced before you applied for adjustment of status you will no longer qualify to adjust your status to that of a lawful permanent resident.

If you already have adjusted your status to a lawful permanent resident and then were divorced you may be able to retain your lawful permanent resident status depending on the facts and circumstances of your case. These can be complicated and serious cases so you should retain an attorney to help you with your case.

How can I obtain lawful permanent residency if I am already in the U.S.?

First of all, you have to have a basis to apply for lawful permanent residency. If you don't have a basis to apply then you don't have any options. Since this site only deals with family-based immigration issues I will only discuss those options. There may be other paths to lawful permanent residency through employment. So, in order to stay in the U.S. and obtain residency here you would have to be an immediate relative of a U.S. Citizen (spouse, child (unmarried and under 21), or parent. You must also have entered the country legally.

Can I cancel a pending I-485 for my dependent spouse while it is still pending?

Good question. This is one that you should probably consult with the attorney who handled the I-140 and adjustment of status case. However, I think that it is probably better to deal with this issue later in the process. From your post it sounds like although the marriage is in trouble you are still legally married. Your wife won't obtain any immigration benefits through your AOS petition until it is adjudicated and approved. I think it would probably just create problems and confusion if you requested that the USCIS withdraw this portion of your petition at this point.