How to inform USCIS about Divorce

M

mk0991

Registered Users (C)
I and my wife filed employment based 485s in 2005 where I was the primary applicant and she was the derivative. The marriage didn't work out and we got separated. I recently have applied for Divorce and I don't want my wife to get her GC based on my petition.

I never intended to do this but lately she has been threatening me to file false dowry case (for more information go to www.498a.org) in India to extract more money out of me. She thinks that there is no way I can revoke her GC.

Could someone please tell me how do I send registered mail to USCIS (Vermont Center) and inform them about my divorce as soon as I get it? The address on I-485 form is a PO BOX address.

Can I go to Local USCIS office and inform them?

Has anyone done this?

Thanks in Advance!
MK
 
mk0991 said:
I recently have applied for Divorce and I don't want my wife to get her GC based on my petition.
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Unless the divorce is final when your I-485 is approved, she will get a GC.

Could someone please tell me how do I send registered mail to USCIS (Vermont Center) and inform them about my divorce as soon as I get it? The address on I-485 form is a PO BOX address.
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All you need to do is have proof of mailing, nothing more. Beyond that, there is nothing that you can do to ensure that she does not get a GC, since you are not a party to her petition.
 
Thanks RC. My 485 has aready been approved and her is still pending. Do I need to send the divorce paper to the same address that we used to file I-485?
 
I have a similar question since I was in a similar position. I and my wife separated in Dec 2006, and I had filed for our I-485's earlier. She returned to India in Dec 06. Our divorce got finalized in Feb 10, 2008, but the GC was issued to both of us on Feb 4, 2008 ( a few days before the divorce). She has been working in India since March 2007,and is still there. Now she is planning to use the GC to come to the states, and mislead immigration authorities about our divorce if she is asked why she has been out of the country since Dec 2006. Is there anything I can do to inform the authorities that she has been working in India since March 2007 - which should invalidate her GC. This is sad, but I did go through a lot during our divorce, and since she has been working in India which should invalidate her GC.
 
Since she is out of country for more than a year, her GC is presumed to be invalid. You can write to the service center where you filed your GC or just go to a local office and see if they would talk.
 
From what I understand since USCIS issued her GC on Feb 2008, it is still valid if she travels within the next 6 months. So, she can still take a flight to the US, and if asked by immigration can come up with a lie such as her parent's were ill, and not disclose her divorce.

I already tried calling up USCIS, and they said it was a grey area since her GC was issued on Feb 2008, and advised that she should try to return asap. I ofcourse, did not disclose that she was working in India for an indian company all this while. It appears that since it is her GC, she is the only one that can talk about it.
 
When she is in India how could she receive the GC in hand? Did you mail her the GC from here? I don't think USCIS will mail GC to indian address.

If it is in your hands you can return to USCIS along with a divorce copy.
 
That's a good question. She got to know about it because of the email alert and sent a friend over to collect it. Since it was her GC, I gave it to her friend. Now it is with her in India. Is there anything I can still do? By working full-time in india for an Indian company, she's clearly in violation of rules that allow you to maintain a GC.
 
Ajay1981 said:
That's a good question. She got to know about it because of the email alert and sent a friend over to collect it. Since it was her GC, I gave it to her friend. Now it is with her in India. Is there anything I can still do? By working full-time in india for an Indian company, she's clearly in violation of rules that allow you to maintain a GC.
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Working Full time in India is not violation. As long she is able to enter US she will be fine. Even the green card is issued before the divorce. So she has earned it legally.
 
tammy2 said:
Even the green card is issued before the divorce. So she has earned it legally.
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That's the key. It's hers for her to do as she likes.
If she violates any rules, it's up to the USCIS to find out and take appropriate measures.
I don't see what you can do about it now, other than just letting it go.
 
I do not know how USCIS issued the GC if she traveled with pending I-485 unless she had a valid AP which I think it is already expired by now unless she came during that time and got new AP.
 
That is indeed the puzzling part. She was in India when her Advance Parole expired and her I-485 was pending. A couple of months after her AP expired, USCIS issued her a GC!
 
Write a letter to USCIS explaining the details (her A#, copy of GC, if you have them) and copy of divorce, then it is upto them.
 
paul4gc said:
Write a letter to USCIS explaining the details (her A#, copy of GC, if you have them) and copy of divorce, then it is upto them.
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If this is not the sending case, the immigration will trash this letter. I think USCIS receive tons of those letter regarding problems with other's applications. Because, still my thinking, the USCIS issue the GC for the person and give him/her the chance to prove himsels/herself to benefit US in certain way or another. If he/she can will and good, if not the GC holder will quit and bythen the GC has no meaning.
 
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