Divorce Help

[fak005]

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

 

[jaxen]

Nope. Wife's EAD is based on the pending 485 which is in turn depend on the marriage with the employment based I485 adjustee- who is the primary applicant.
If the divorce has been granted, wife's BCIS status is gone and need to leave US.