Cancelling Spouse Gc Application At Divorce

usinds

New Member
Hi

I am California resident.
I applied for employment based GC and added my wife in I-485. We got interview call from local USCIS office and went for interview. USCIS approved our GC but for my wife USCIS told that her FBI security clearance is still pending. So i got my GC card but she is still waiting for her clearance. Once FBI clearance is done, she will get her GC.

We have filed for divorce recently. My questions are:

1.When divorce is finalized, am i lawfully required to report to USCIS about my divorce so that my wife's GC will be cancelled by USCIS?

2.When i get married again after divorce and i want to file GC for my new spouse, wouldnt there be problem when my ex-wife's GC application is still pending?

3. If I need to report to USCIS to cancel GC application for my wife with whom divorce is going on, is there any form that needs to be filled up to report to USCIS?

Thanks
 
In bold.

Hi

I am California resident.
I applied for employment based GC and added my wife in I-485. We got interview call from local USCIS office and went for interview. USCIS approved our GC but for my wife USCIS told that her FBI security clearance is still pending. So i got my GC card but she is still waiting for her clearance. Once FBI clearance is done, she will get her GC.

We have filed for divorce recently. My questions are:

1.When divorce is finalized, am i lawfully required to report to USCIS about my divorce so that my wife's GC will be cancelled by USCIS? Not necessarily, but it will come up in the future (when you file for citizenship or remarry) and they will see you failed to provide them with this information. If the divorce is final before her GC is approved, then it is voided and she will be "misusing it" and "misrepresenting herself as a permanent resident". It will come up when she files for another husbands GC or when she applies for citizenship. Do not lie and inform USCIS.

2.When i get married again after divorce and i want to file GC for my new spouse, wouldnt there be problem when my ex-wife's GC application is still pending? Yes. See what I said above.

3. If I need to report to USCIS to cancel GC application for my wife with whom divorce is going on, is there any form that needs to be filled up to report to USCIS? Make an infopass to your local district office (where they interview took place) http://infopass.uscis.gov/ and bring the documents for the divorce (once it is final) and the I-485 receipts and such.

Thanks

I know it is hard, but you have to think about the future for you and your future wife. Even for your ex-wife's future. Lying about this will come up again, and it may prevent you from citizenship and sponsoring other relatives...
 
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