divorce while I-140/I-485 is pending

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1confuseddesi

New Member
Hi My wife and I are married for 4 years from India. I am on H1 and my wife on H-4. My company is currently trying to file the I-140 and the I-485/EAD together under EB1 category. However, we are currently contemplating a divorce. My questions are:

(1) If I go ahead with the application and a divorce happens before it is approved will it affect the chances of approval of I-140 or I-485 for either of us?
(2) Suppose the divorce happens after I-140 and/or I-485 are approved, will it disqualify my spouse from getting the green card and nullify her approved I-485?
(3) Will I be able to apply for the green card for my future spouse if I were to marry again? The fact that one was already applied for my wife will have any effects? Will I have to apply separately? Would I be able to apply for her also under my EB1 status to speed up the process?

Your response will be highly appreciated.
Thanks.
 
1confuseddesi said:
(1) If I go ahead with the application and a divorce happens before it is approved will it affect the chances of approval of I-140 or I-485 for either of us?
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A divorce will not affect the I-140 at all. It will affect the I-485 of the derivative spouse if finalized prior to the derivative's I-485 being approved.

(2) Suppose the divorce happens after I-140 and/or I-485 are approved, will it disqualify my spouse from getting the green card and nullify her approved I-485?
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Not at all.

(3) Will I be able to apply for the green card for my future spouse if I were to marry again? The fact that one was already applied for my wife will have any effects? Will I have to apply separately? Would I be able to apply for her also under my EB1 status to speed up the process?
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It all depends when you get remarried and when your I-485 is approved.
 
Thanks for your response. I need to re-frame my second questions I guess. I meant to ask, whether her approved I-485 be valid once I get a divorce before the final GC comes?

I know that she can apply for a green card on her own no matter what.

TheRealCanadian said:
It all depends when you get remarried and when your I-485 is approved.
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Suppose my I-485 is approved in 5 months and I get married again after one year? Will I be able to apply for an I-140 and I-485 for my future spouse in the same category (EB1) I applied while she is my dependent? Is there any obstacles to marrying again and bringing your spouse here while you are with GC?

Thank you for your patience.
 
My understanding is if you divorce before 485 is approved she'll get nothing. As for bringing new spouse: you'll have to apply for her in FB2 category (only) if you have GC. It'll take 4 years at least to wait so she could come here (unless she gets H1).
 
1confuseddesi said:
Thanks for your response. I need to re-frame my second questions I guess. I meant to ask, whether her approved I-485 be valid once I get a divorce before the final GC comes?
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If you divorce before her I-485 is approved, then no.

Suppose my I-485 is approved in 5 months and I get married again after one year? Will I be able to apply for an I-140 and I-485 for my future spouse in the same category (EB1) I applied while she is my dependent?
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No, you'll file an I-130 for her in FB2A and wait five years.

Is there any obstacles to marrying again and bringing your spouse here while you are with GC?
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Oh, yes.
 
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