coolhusker
Registered Users (C)
coolhusker,
Ouch. Sorry dude. Divorce is never an easy thing to undergo I would think, and the AOS issues probably exacerbate matters. My 0.02 would be to refile using your country of chargeability. I'm not sure if you need to withdraw your petition or have it amended such that you are the sole beneficiary to the immigration benefit. You would need to withdraw the derivative application, which would automatically negate your CC AOS.
See, all things considered, the fine line you walk here is that if you keep status quo and get an RFE for a marriage certificate, if you haven't informed CIS of your divorce, you might still sneak on by. However, in the long term and grander scheme of things, this would constitute immigration fraud. You would be availing yourself of an immigrant visa based on CC, but the marriage may not exist when they grant you the benefit.
I know this is probably not an easy decision, especially given the bigger picture of divorce, but I'd suggest that you not leave room for any doubt, no gray areas, and always keep on the straight and narrow.
I'm wicked sorry for you dude. On the bright side, your country of chargeability might be current if you do apply under it???
What happens to the EAD I have already got?
Thanks.