Abandoned wife and kid.

W

wifeabandonandkid

New Member
Hi
My husband was on H1B (Priority date May-2018) and now Flea to Canada for one year and is planning to return to USA on L1A.
After his L1A transfers to US, he plans to apply for US Green card. What would be the expected priority date for him on L1A (same as H1B? May-2018 i.e. Current with respect to L1A?).

He mentions himself as Single in all of his documents. Wife is on H1B and husband does not plan to sponsor wife's Green-card on his application.
What are wife's options to get Green card through spouse? We have a kid US citizen (7 year old).
 
Unfortunately, if your spouse does not wish for you to be a beneficiary of his GC filing when he becomes eligible to file, there is nothing you can do to get the GC through him without his cooperation.
 
As far as I know, the principal beneficiary's signature is not needed for a derivative beneficiary to file Adjustment of Status inside the US. However, the derivative beneficiary would need to get a copy of the principal beneficiary's I-140 receipt, and a copy of either the beneficiary's I-485 receipt or green card, and that may be hard to do without the principal beneficiary's cooperation.
 
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Are you interested in seeking revenge, or in benefiting from his future GC filing?

Anyways, if you have documented proof of your above claim, you can use the below link to report him to USCIS for fraud. Reporting him for fraud in this case will not result in him being forced to add you to his case, just so you know.

www.uscis.gov

USCIS Tip Form

OMB CONTROL NUMBER: 1615-0151 EXPIRATION DATE: 08/31/2024 This form is for reporting suspected immigration benefit fraud and abuse to USCIS. The more det
www.uscis.gov
 
No revenge. I wouldn't waste my energy. But if this helps securing me and my daughter's future, i wouldn't hesitate. I have no information of his whereabouts. Can't expect him to file our GC with his application.
 
So again, without his cooperation, you cannot file for a GC as his beneficiary. Reporting him for claiming to be single while he’s still legally married to you will not lead to your being eligible to become a beneficiary of his GC filing. You’ll need to look for some other means of getting your own GC. Your daughter is already a USC, he does not need to, actually cannot include her as a GC beneficiary.
 
It may however be worth noting that the husband is responsible for child support of the minor, and that there are consequences in the immigration process for people who are not maintaining their obligations in that regard. (It is considered contrary to good moral character and makes someone ineligible for citizenship should they reach that stage.) I have no idea what you can do about claiming child support if you don’t know where he is, but that is probably worth talking to a lawyer about.
 
SusieQQQ said:
It may however be worth noting that the husband is responsible for child support of the minor, and that there are consequences in the immigration process for people who are not maintaining their obligations in that regard. (It is considered contrary to good moral character and makes someone ineligible for citizenship should they reach that stage.) I have no idea what you can do about claiming child support if you don’t know where he is, but that is probably worth talking to a lawyer about.
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Thank you. I will talk to the lawyer.
 
Sm1smom said:
So again, without his cooperation, you cannot file for a GC as his beneficiary. Reporting him for claiming to be single while he’s still legally married to you will not lead to your being eligible to become a beneficiary of his GC filing. You’ll need to look for some other means of getting your own GC. Your daughter is already a USC, he does not need to, actually cannot include her as a GC beneficiary.
Click to expand...
Thank you for your response.
 
newacct said:
As far as I know, the principal beneficiary's signature is not needed for a derivative beneficiary to file Adjustment of Status inside the US. However, the derivative beneficiary would need to get a copy of the principal beneficiary's I-140 receipt, and a copy of either the beneficiary's I-485 receipt or green card, and that may be hard to do without the principal beneficiary's cooperation.
Click to expand...
Thank you for your response.
 
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