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Old 10th April 2005, 02:55 PM
MJ23 MJ23 is offline
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Posts: 147
HELP - Remarriage after divorce during I-485

Folks,

here is my scenario - Please give me your input on this

Me and my ex-wife filed for I-140/I-485 in Oct 2003 (i'm the principal applicant through my employer and she filed as dependent)

We got divorced in June 2004.

We got an RFE on her I-485 application asking to verify marriage status etc - around the same time( purely coincidental - as a lot of my colleagues with solid marriages got the same RFE as well)

Since she works on a H1B herself, she decided to withdraw her dependent I-485 petition as a response to the RFE. She sent back a request for withdrawal letter to INS and they received her letter by January 2005. As of today, her case status shows as "We received your response to our request for information on Jan xx, 2005. It is taking etc etc days ".

My I-140 got approved lately, but my I-485 is still pending.

I'm thinking of remarrying in the next 3 months and bring my spouse to the US on H-4 visa(assuming i do not get GC before that). My question to you all is - once my spouse is here on H-4 visa, can i immediatly add her as a dependent to my pending I-485 application? - or do i need to wait for my ex-wife's application to be adjudicated?

in other words, is it enough that my ex-wife has filed for withdrawal - therefore i can add my spouse as a dependent to my GC ?

Please clarify with your opinions. I would really appreciate your input.

THANKS
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