Divorce/485 Help

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fak005

Registered Users (C)
All:

Please provide your feedback on following scenario.

A husband filed for immigration of his wife as an applicant in his I-485. The husband filed for I-485 based on I-140 (employment based).

If husband and wife have had divorce after filing for I-485 and fingerprinting has been done, EAD received, can the wife continue to use her existing EAD and wait for green card to arrive or the whole 485 application gets cancelled for wife.

Please advie urgently

Thanks
fak005
 
If the divorce is finalized before the derivative applicant's I 485 is approved then the derivative applicant's green card process ends. however, depending on which state the couple is in, it takes at least 6 months for divorce to be finalized. If the wife's I 485 gets approved before that then the wife is safe. From what you say here, it seems that the couple just applied for AOS and the backlog in all centers tells me that the wife's green card is in danger of getting cancelled. She should consult a divorce lawyer and an immigration attorney asap.
 
fak005, since wife is added during the I485 process, it totally depends on the husband whether to maintain her gc or not. wife's gc can be maintained only if both the spouse come for a mutual undersanding and keep the gc process secret till the divorce is finalised. in that case they have to file for uncontested divorce.

If they file for contested divorce then no one can save wife's greencard, evenif the divorce is finalised a year after they receive the greencard, it will be cancled. now BCIS has become very strict about greencard fraud. if husband writes a letter to BCIS about this then its a problemo. Its a very simple letter asking bcis to withdraw the application and bcis will take action immediately, as husband is the primary applicant.

I have seen a couple suffering for morethan a year and atlast the spouse went back to india last august after the divorce was finalised. so my sugestion is to discuss together and keep the gc process secret till the divorce is finalised. I am sure both spouse will get gc before the divorce is finalised, as divorce takes 6mo-1yr in any state.

when some one is seperating why they fight a seperate? Be cool, get seperated and have a happy life later seperately.
 
485shah - couple of Questions

A friend of mine is in a similar situation.
She never used her H1B that she obtained prior to marriage.

Her husband (soon to be ex) is primary. Applied for his 485 first. Still on H1B. Got married. Got her H4.

He filed for her 130/485/Affidavit of Support/EAD (after the wedding, ofcourse - while she was on h4) almost 7months after his was filed. Now, they are going through Divorce proceedings. He might get GC with in few weeks.

Unless he sends a letter to BCIS, hers might get approved before Divorce is finalized.

- Will it be a problem if div proceedings started? Should she (my friend) put some hurdles in the process JUSt to delay?
- How can she find out if he wrote any letter to INS expressing his intent to withdraw his affidavit of support? Will such a letter stop my friend's GC process? Can she get an injunction from courts stopping him from communicating with BCIS?

Thank you for your responses.
 
My friend has a immigration question. My friend's green card is approved. She has 10yrs valid Green card. Now she wants to get divorce. She has her green card since 6months. If her husband writes a letter to BCIS then is there any chance for her green card to be revoked. Please advice. Very important.
 
MarriageGC
Ask your friend to consult the immi attroney who represents her. This way your friend will be sure. What's the point in asking such questions on this forum?
 
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