485 pending and divorce

[nick95000]

Hi,

I have several questions.
My fiancee was on OPT since last May. Then she applied 485 with her husband last July. Now she wants to divorce with her husband and marry with me.

She doesn't care the outcome of her pending 485. All she cares is if she can change her immigration status to H4 as my dependent (my status is H1B).

I'm wondering what her current status is. F1 OPT or AOS? If she is still on OPT, should she divorce immediately and marry me and change to H4 before OPT expires? If she is AOS, can she still changes to H4 smoothly?

Thanks a lot!

Nick

 

[nscagony]

All states in the US have a 6 month waiting period before she can re-marry. I doubt she can COS away from AOS. She probably has to leave and get a visa stamp. Also, I would be surprised if she just gets one without some serious questioning. She applied last July for a derivative immigration benefit with her husband but not even a year later she is ready to marry someone else. Better get a lawyer. This won't be an easy case.

 

[nick95000]

Thanks for your reply. But I think you're spreading some false information. There is no such thing as 6-month waiting peroid before she can re-marry. Also you assume her status is AOS even though some people say her status is still OPT. Third, there is no fraud here. She is not trying to get GC through her current husband after divorce or get GC through me because I'm still on H1B. I don't see where those serious questioning comes from. Actually she is ready to withdraw her 485 application if that will make things easier.

All states in the US have a 6 month waiting period before she can re-marry. I doubt she can COS away from AOS. She probably has to leave and get a visa stamp. Also, I would be surprised if she just gets one without some serious questioning. She applied last July for a derivative immigration benefit with her husband but not even a year later she is ready to marry someone else. Better get a lawyer. This won't be an easy case.