Divorce and 485

[robocop104]

Hey guys,

Friends of mine are getting an amicable divorce. they have applied for 485 and have their EADs. they have lived here for more that 5 years and are wondering what their options are for the wife to continue staying the in US as he continues to be the most important person in her life. She probably will not qualify for sponsored employment on her own.

so they are wondering what their options are for her to continue living in the US. Is there any hardship clause that they can use to their benefit and continue her 485 petition after the divorce. We know that mostly if a divorce is applied then the 485 might be rejected but are looking for some obscure cases when that has not happened.

Also, holding off on the divorce is an option but thats not what we are looking for. We are looking for divorce with the 485 proceeding. The counsels dont seem to have too many details and so thought we might open it up here for discussion.

Please let us know your thoughts.

 

[TheRealCanadian]

Is there any hardship clause that they can use to their benefit and continue her 485 petition after the divorce.

No.

Also, holding off on the divorce is an option but thats not what we are looking for. We are looking for divorce with the 485 proceeding. The counsels dont seem to have too many details and so thought we might open it up here for discussion.

Ultimately, derivative Green Cards are based in law upon a relationship between the derivative and primary beneficiaries, namely the marriage. If there is no legal marriage at the time the I-485 is adjudicated, there is no basis in law for the derivative application to be approved and it must be denied. There is no room for USCIS discretion in this matter; either the relationship exists and the I-485 must be approved, or it does not and it must be denied.