may not petition unless the following

本文內容已被 [ howdy ] 在 2006-08-31 10:02:21 編輯過。如有問題,請報告版主或論壇管理刪除.

condition is satisfied:

1. A period of five years has elapsed since you became alawful permanent resident; or

2. You can establish by clear and convincing evidencethat the prior marriage through which you gained your immigrant status was not entered into for the purpose of evading any provision of the immigration laws; or

3. your prior marriage through which you gained yourimmigrant status was terminated by the death of yourformer spouse.

U only has a LPR status, PD for LPR spouse is 01/01/1998. Before PD becomes current, even if you have filed 130 under (2) above, ur spouse can't file 485. w/o 485, can't get 765/EAD unless he/she has other emplpyment authorized visa or status.

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