Can spouse reapply for rejected I-485?

[JC Penny]

My wife\'s I-485 application was rejected in error by INS as we were in the middle of our divorce. INS thought the divorce was final. Can my wife reapply for her I-485? The divorce is still not over so she coould prove to the INS she is still my wife. I have since gotten my Green Card through employer based H1 (she was on H4). If she can reapply for an I-485, does it need my consent at all?

 

[jaxen]

It needs your consent.

If divorce proceedings are still going on (even if getting GC is aprt of the settlement) INS will deny her GC purely based on intent. If divorce proceedings are not completely withdrawn she does not have any hope of getting GC.

 

[abibala]

as long as the divorce is not final, she can go ahead and take her green card.

 

 

[Jagjivanram]

But she would need a support affidavit from him for the new appl, right?

 

 

[abibala]

no she does not as long as the divorce is not final.