Divorce and I-485 approval

S

sam930

Registered Users (C)
Hi guys,

Friends of mine got a very amicable divorce on March 11th 2008 in Delhi, and are still on very friendly terms.

The wife left for India on Advance Parole in Jan 2007, and never returned back to the US. Thus, she let her Advance parole documents expire in Nov 2007. In the meanwhile both husband and wife I-485 got approved on March 2nd 2008, and the cards were mailed to both of them.

The husband is back in town, and wondering what he needs to do with the wife's GC? Does it need to be returned to USCIS, or should he mail it to the ex-wife? Can she use it to travel to the US even though she originally travelled on her Advance parole which has now expired? Please advise what is the right procedure to follow per the law?

Thanks much!
 
If GC has been issued and they are on friendly terms, no harm if she wants to make use of the GC to get back to the US, and go to school or any other thing. Just mail the GC to his wife if they are on good relations.
 
Nabeel1 said:
If GC has been issued and they are on friendly terms, no harm if she wants to make use of the GC to get back to the US, and go to school or any other thing. Just mail the GC to his wife if they are on good relations.
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If the wife uses the GC, that would be fraud.
 
Ethically speaking, RealCanadian is right. If they are divorced in India, US immigration will not know about it unless they go to embassy and report it. So if she uses GC to come back, she better say she is still married.
 
Ethically speaking, RealCanadian is right. If they are divorced in India, US immigration will not know about it unless they go to embassy and report it. So if she uses GC to come back, she better say she is still married.
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That is asking for trouble.
What RealCanadian said is not just ethically speaking, it is legally speaking.

If she wants to come to the US and live here, she could request them to let her keep the GC after reporting her divorce and explaining the situation. I seriously doubt that they would let her keep it though. No harm in asking.
(One argument she can try to make is that if USCIS had made a timely decision on their petition, she would have gotten the GC long before the divorce; that they did not have any differences at the time of 485 filing and they did not have any intention of separating at that time.)

US immigration not knowing about her divorce should not be a factor in her making the right choice. If she makes the wrong choice and enters the US pretending to be married, she will always live in the US looking back over her shoulder and wondering when she will be busted.

Also, if either of them wants to get married again in the future, they would not want to have this skeleton in the cupboard.

Standard of living in India is not bad at all to risk jail time in the US and then deportation.
 
Divorce

I know one more case. the wife came to US with GC. Then they officially divorced in US. The procedure is not complicated for mutual divorce in US.
 
I was under the impression that if she travelled on her AP, and then it expired - she should not be able to to enter the US especially if the GC was issues after her AP had expired. Is this not true? Would the husband be in trouble if he remarried someone from India again and wanted to sponsor his future wife?
 
The big question is can she be allowed to travelled to the US even though her Advance Parole has expired, and the GC came only after it expired?
 
Now your friend's future wife is not eligible for H4 visa, he can marry some one with H1 visa, or a GC holder or US citizen.

or

wait for 5 years, apply for citizenship, wait for citizenship to come, then he can marry any girl.
 
Why can't friend go to his country marry whoever and have a happy life? The options you are giving are very limited.
 
One more questions, does my buddy need to inform the INS about the divorce which happened a week after the divorce was granted by the court?
 
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