Husband wants Divorce on the day we received EAD

A

Anita1

New Member
Hi
We have been married for 7 years.
For the last 2 years we have been living separately because our jobs are in different states.

My employer had applied for Green card 4 years back.
Immediately after receiving the EAD through my employer, my husband is asking for divorce.

What should I do about this?
Divorce is almost certain. There is no chance of reconciliation.
Can I do something to stop the EAD from getting converted into a green card for him? From his words, he waited this long for divorce only because of my employers green card application. And now that he has received EAD, he doesnt want to work on the marraige.

Can I do anything or is it already too late?
Thanks
A
 
You can write to USCIS to withdraw your husband's application. You do not have to give any reason. Once your husband's application is mailed back to you the EAD becomes invalid.
 
The marriage has to be valid at the time when USCIS grants green card (i.e. I-485 approval). If divorce occurs (officially) before granting green card, the spouse is not eligible for green card (even if he/she has EAD card).
 
pras01 said:
You can write to USCIS to withdraw your husband's application. You do not have to give any reason. Once your husband's application is mailed back to you the EAD becomes invalid.
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Husband's application is never going to be mailed back to wife (primary applicant). Either his I-485 gets approved or it gets denied. Primary applicant can only withdraw affidafit of support for ex-spouse's application, citing the reason of divorce. Primary applicant cannot do anything more.
However, it's posssible USCIS can approve his GC even if divorce happens before GC approval. In that case, if he accept that GC, it can be considered as fraud (with certain exceptions).
 
I was/am in a similar predicament and I would like to offer you my 2 cents.
Good news first - my green card has recently been approved and still to do passport stamping.
I, like you was the primary on the green card application. I filed for divorce 2 years ago. It was a nasty divorce. I wrote to the USCIS to withdraw my affidavit of support. He was still able to apply and receive an EAD, despite that. As I said my divorce was very ugly. He filed a false police report claimimg I assualted him. This was his way of trying to jeopardize my green card. I was arrested, and thank God, the DA saw thru all his lies and no chagres were filed. I later had a restraining order against him. In a strange twist of faith, his attempts to spoil my green card back-fired on him. Because of my arrest (from his lies) and the restraining order, my background check showed the arrest report, and hence turning what was clearly an approvable case into an interview case. The divorce is still not final yet (yep after 2 years). My background check would have been clean and despite being in divorce proceeeding he would have been granted a green card!
My advice for you, get a lawyer, both for the divorce and for immigration. And pray your God very hard. You will need their advice every step of the way. I do mean every step of the way.
Good luck, and God Bless.

PS: Dont let your anger (which I understand completely) compromise your good judgement.
 
Removal of support...

So all that I can do right now is write a letter to USICS to remove the affidavit of support.

Can I do that before filing for divorce?
Do I need a lawyer to prepare this letter?
Thanks everyone.
-A
 
Anita1 said:
So all that I can do right now is write a letter to USICS to remove the affidavit of support.

Can I do that before filing for divorce?
Do I need a lawyer to prepare this letter?
Thanks everyone.
-A
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No all you have to do is get divorce and send the court order to USCIS stating your receipt number. Spouse in EB cases does not need an affidavit of support. Getting the green card is automatic for dependents as long as primary gets one.
 
tammy2 said:
Spouse in EB cases does not need an affidavit of support. Getting the green card is automatic for dependents as long as primary gets one.
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It does, but not in form of any standard form like I-134. Normally primary applicant provide a copy of tax return with dependent's application and that is equivalent to affidavit of support.
 
pralay said:
It does, but not in form of any standard form like I-134. Normally primary applicant provide a copy of tax return with dependent's application and that is equivalent to affidavit of support.
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No, it's not. The Affadavit of Support pledges to support the dependent alien for the first 10 years, and is not replaced by a tax return. The LC wage is used to determine the income levels, but the support element is still there. I recall doing one for my wife when I filed my I-485.
 
TheRealCanadian said:
No, it's not. The Affadavit of Support pledges to support the dependent alien for the first 10 years, and is not replaced by a tax return. The LC wage is used to determine the income levels, but the support element is still there. I recall doing one for my wife when I filed my I-485.
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My lawyer insisted me to notarize I-134 for my wife as a part of 485 filing.
 
TheRealCanadian said:
No, it's not. The Affadavit of Support pledges to support the dependent alien for the first 10 years, and is not replaced by a tax return. The LC wage is used to determine the income levels, but the support element is still there. I recall doing one for my wife when I filed my I-485.
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Yes even I have submitted the I-134. What I was saying was spouse will get the GC not because of sponsoring but on the virtue of being the spouse.
 
tammy2 said:
What I was saying was spouse will get the GC not because of sponsoring but on the virtue of being the spouse.
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Just being spouse is not enough. Primary must agree to support, if dependent(s) do/does not have income. Any GC process, EB or FB, follows the same rule - the income/wealth has to be certain times more than the poverty line (based on the number of members in household). But unlike family based category, in employment based GC if the primary is working (or will work on LC job) it's automatically implied that the primary earns (or will earn upon approval) enough to support his/her dependents (otherwise he/she would be not eligible for GC at all). Secondly, if spouse himself/herself earn enough to meet the criteria, he/she does not need anything.
Now different attorneys have different notions for how to show that - for example my attorney asked me to provide tax return. Some provide I-134 etc.
 
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I am not a lawyer or an expert on this, I can just tell you from my experience. It seems very hard to revoke/take back the affidavit of support. I and my attorney tried our best. In our case, the letters we wrote were stuck in a T-file which our interviewing officer had no knowledge of. Yep, did not know anything about that 2 years and 6 letters later. As I said my saving grace was going thru an interview, where I could pull back the affidavit of support. I was told he needs it, and I am in NO obligation to sign it. We are both non-US citizens immigrating thru my employer, I have a right to decide who I am willing to be finacially responsible for, for up to 10 years.
Hope this helps
Keep us posted.
My heart goes out to you.
 
He would need to file his OWN case. My understanding is that the pending case in based on your employment.
 
Anita1 said:
So even if I withdraw support, he will still get his green card, right?
Maybe I cannot do anything to prevent it.
-A
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No, technically and legally he is not supposed to get his GC if divorce occurs before I-485 approval. Even if he earns well, withdrawal of support will cause USCIS officer to look into the "relationship" with primary applicant (you).

But as "portalvy" mentioned in one of the earlier posts, USCIS is not good in managing this kind of situations. That's why I mentioned in earlier post that there is probability that he will get approved. But you should not care about it. If divorce happens before I-485 approval, your duty is withdrawal affidafit of support and letting USCIS know that your relationship with him has been terminated (with proper documents - like divorce papers). Nothing more, nothing less. Whether USCIS denies his GC or grant him GC, that's USCIS job. As I said (and saying again), you should not care about it.
 
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Anita1 said:
Even though my husband was jobless for more than 2 years in the past 5 years, right now he is employed and earning well...

So even if I withdraw support, he will still get his green card, right?
Maybe I cannot do anything to prevent it.
-A
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What's your Case details? like LC PD?
140 RD? AD?
485 RD?
EAD/AP RD ? AP?

why I'm asking is 485 approval processing is fast (3-6 months) depending on your LC PD.

If you folks wanna get divorce in US and if it's contested one (not mutually consented divorce), it takes several years to get a final verdict which will drain financially/emotionally even it's not about revoking your husband's 485, but you wanna be eligible to get re-married and lead peaceful life.
 
Anita1 said:
Even though my husband was jobless for more than 2 years in the past 5 years, right now he is employed and earning well...

So even if I withdraw support, he will still get his green card, right?
Maybe I cannot do anything to prevent it.
-A
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If you send USCIS withdrawal of your support on current husband's 485 with out attaching FINAL DEVORCE VERDICT from court, USCIS may back fire on your prior 'Good Faith Intent' of supporting your spouse/family as you are leaving them to public/state charge from now on.
 
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