Pending 130 & 485 and Divorce

[shawnkhan]

hi..1 questions about .. a guy came on F1 student visa and married with USC. now they r havng problem and want divorce.. his 130 and 485 is pending and got work permit.. wat he can do to stay in usa..wat r the options for him....and if they file divorce and she doesnt inform USCIS..can he stay on that status untill interview date comes??? and after that can he file date extention to live for couple of months more... what r the options for him...thanx

[philaug28]

When your I-130 & I485 are pending at the service center and you divorce the USCIS doen`t know about the marital status , they processing the case on a regular basis , but if you tell them that you are divorce , they would deny the case and start the deportation procedure . Even if you cannot get along with the spouse , it is always better to find a way to wait till your case is approve and then divorce after . But if it is a real pain , there is always a way to obtain the green card if you can proove that the relationship is a hardtime but i beleive you are suppose to be married at least for two year in order to proove your case . The other option will be if you are divorce to do not tell the USCIS about it and find a way to convince your former husband to just show up at the interview time .....Sometime they already approve the application but they just want to make sure that the person on file is the one that is on front of them.....

[cherr1980]

Part of what you are saying is call FRAUD.

[Homermn2001]

Don't listen philaug28's advice. The USCIS isn't comprised of a bunch of idiots who won't be able to find out that you're quest for citizenship is a scam. If you go through with this Fruad, which shouldn't be used lightly, you'll be banned from ever on any visa comming back to the United States. There are legal ways and illegal ways to entering this country, and you are better off staying at home then taxing the time of the people who come here legally. Citizens and Resident Aliens all pay the price for idiots that try to screw the system. I don't want people like that in my country.

[ari4u]

Originally Posted by shawnkhan

hi..1 questions about .. a guy came on F1 student visa and married with USC. now they r havng problem and want divorce.. his 130 and 485 is pending and got work permit.. wat he can do to stay in usa..wat r the options for him....and if they file divorce and she doesnt inform USCIS..can he stay on that status untill interview date comes??? and after that can he file date extention to live for couple of months more... what r the options for him...thanx

Hi shawnkhan,
I have read your previous posts and i can see that you are dealing with a lot right now. Im sorry for the situation you are in and hope things work out for you. Im not a lawyer and looks like you already have one, so here is a piece of advice from me. Get your priorities correct and understand if your marriage is a priority or the green card is. If you ask me, i would tell you to work on your marriage and sort out differences and the rest will be taken care of automatically. If you need your green card more than you need your wife, only your lawyer and lots of prayers can help you.

Also, please do not keep posting the same questions over and over again as i see you did in your previous posts. There is no new answer you can get from here as no one here would advise you on how to break the rules or skirt the laws. You claim total responsibility for your actions, so please sit down and think for a while what is it that you are exactly looking for and then talk to your lawyer.

Good Luck and Sorry!

[usnycus]

He can stay as long as I-485 is pending. In the mean time, he can try changing his status to H1 (or back to F1).

Or he can also file I-360 (VAWA) if its applicable in his condition.

Once USCIS come to know about divorce, most probably they will deny I-485 and person need to leave.

Originally Posted by shawnkhan

hi..1 questions about .. a guy came on F1 student visa and married with USC. now they r havng problem and want divorce.. his 130 and 485 is pending and got work permit.. wat he can do to stay in usa..wat r the options for him....and if they file divorce and she doesnt inform USCIS..can he stay on that status untill interview date comes??? and after that can he file date extention to live for couple of months more... what r the options for him...thanx

[zlin]

Originally Posted by usnycus

He can stay as long as I-485 is pending. In the mean time, he can try changing his status to H1 (or back to F1).

Or he can also file I-360 (VAWA) if its applicable in his condition.

Once USCIS come to know about divorce, most probably they will deny I-485 and person need to leave.

Is I-360 battered spouse? I saw a USC woman here has complained about her ex husband and a lawyer used battered spouse to get his GC approve without her involving. But he should consult a lawyer first. I don't think he can get F1 visa back unless he go back to his country and reapply, but then his visa will be denied because that he applied GC and definately had immigration willing. But he can find an employer that can sponsor H1. And change his status back to H1. This is what I heard. Some people go to Mexico (TJ or CJ) or Canada to change their status.