Divorce looks imminent - GC in limbo? Please Help.

D

DistressedWife

New Member
I apologize for the long post, but I wanted to get everything right in the first post itself. Please bear with me.

First, the facts:
• I have been married to my husband for the last 4 years and we have a three year old daughter and a year old son.
• Our 485 (EB-2) was filed sometime in August/September 2007 timeframe. I don’t have the exact dates because my husband keeps all the paperwork hidden away from me. All I have is my Passport, EAD and AP. I don’t even have the receipt number for my 485 application. The lawyer who is handling our case is not accessible to me, because he is a company lawyer and will only talk to the primary applicant – in this case, my husband.
• I am already working full time using my EAD. My EAD and AP are due for renewal already. I am not sure if my husband has already filed for the renewal.
• I still have my H1-B through my last employer which is valid until November 2009. Not sure if it can help me now that I am already working for a different company than the one which sponsored my H1-B, but I thought I will add that bit of information for the sake of completeness.
• My husband has been threatening me with divorce and revocation of my name from the Adjustment of Status application.

Questions:
• Can my husband withdraw my 485, or remove my name from his application to prevent me from getting the GC?
• Is there a legal way for me to find out my 485 application number and/or the application receipt date?
• If the USCIS asks for new fingerprints, I have no way of knowing about it. What can I do?
• Is there a legal way for me to find out if my EAD has been applied for renewal? In either case, what can I do to ensure I am not out of status?
• Other than trying to convince my husband (which has failed to work) not to revoke my name from his 485 application, what else can I do to make sure to get my GC? I wouldn’t care about my GC if it were not for my kids who I would like to stay close to in case of a divorce (he refuses to give me their custody in case of a divorce).
• Any and all words of advice and suggestions are greatly appreciated. Please do respond back soon.

Thanks in advance!
 
I don't know how much help I can be, but here are a few pointers:

1- You have your AP and EAD, which means you already have your A# which is the most important thing. You can call USCIS customer service, give them your information and your A# and ask them for your I-485 receipt number (tell them you lost it or that your company keeps it). In a separate phone call (not at the same time), give them your A# again and ask if there are any EAD/AP renewals under that number because your employer does it and you weren't able to understand from them if they filed a renewal or not.

2- Your husband can tell USCIS that you are divorced; he would need to prove it with legal divorce papers. He cannot withdraw your I-485 by himself, but if he proves to them that you are no longer married then USCIS can deny your application. Again, he probably would have to provide legal proof. If my understanding is correct, legal proof would require your signature in most cases.

3- Custody is settled by divorce courts in this country. One spouse cannot just proclaim custody.

4- Although the company has a legal right to the primary applicant's I-140, you still have a right to know about the I-485 since that is your application, not the company's.
 
DistressedWife said:
I apologize for the long post, but I wanted to get everything right in the first post itself. Please bear with me.

First, the facts:
• I have been married to my husband for the last 4 years and we have a three year old daughter and a year old son.
• Our 485 (EB-2) was filed sometime in August/September 2007 timeframe. I don’t have the exact dates because my husband keeps all the paperwork hidden away from me. All I have is my Passport, EAD and AP. I don’t even have the receipt number for my 485 application. The lawyer who is handling our case is not accessible to me, because he is a company lawyer and will only talk to the primary applicant – in this case, my husband.
• I am already working full time using my EAD. My EAD and AP are due for renewal already. I am not sure if my husband has already filed for the renewal.
• I still have my H1-B through my last employer which is valid until November 2009. Not sure if it can help me now that I am already working for a different company than the one which sponsored my H1-B, but I thought I will add that bit of information for the sake of completeness.
• My husband has been threatening me with divorce and revocation of my name from the Adjustment of Status application.

Questions:
• Can my husband withdraw my 485, or remove my name from his application to prevent me from getting the GC?
• Is there a legal way for me to find out my 485 application number and/or the application receipt date?
• If the USCIS asks for new fingerprints, I have no way of knowing about it. What can I do?
• Is there a legal way for me to find out if my EAD has been applied for renewal? In either case, what can I do to ensure I am not out of status?
• Other than trying to convince my husband (which has failed to work) not to revoke my name from his 485 application, what else can I do to make sure to get my GC? I wouldn’t care about my GC if it were not for my kids who I would like to stay close to in case of a divorce (he refuses to give me their custody in case of a divorce).
• Any and all words of advice and suggestions are greatly appreciated. Please do respond back soon.

Thanks in advance!
Click to expand...


I would reatain a lawyer ....
 
DistressedWife said:
I apologize for the long post, but I wanted to get everything right in the first post itself. Please bear with me.

First, the facts:
• I have been married to my husband for the last 4 years and we have a three year old daughter and a year old son.
• Our 485 (EB-2) was filed sometime in August/September 2007 timeframe. I don’t have the exact dates because my husband keeps all the paperwork hidden away from me. All I have is my Passport, EAD and AP. I don’t even have the receipt number for my 485 application. The lawyer who is handling our case is not accessible to me, because he is a company lawyer and will only talk to the primary applicant – in this case, my husband.
• I am already working full time using my EAD. My EAD and AP are due for renewal already. I am not sure if my husband has already filed for the renewal.
• I still have my H1-B through my last employer which is valid until November 2009. Not sure if it can help me now that I am already working for a different company than the one which sponsored my H1-B, but I thought I will add that bit of information for the sake of completeness.
• My husband has been threatening me with divorce and revocation of my name from the Adjustment of Status application.

Questions:
• Can my husband withdraw my 485, or remove my name from his application to prevent me from getting the GC?
• Is there a legal way for me to find out my 485 application number and/or the application receipt date?
----------------------------you can go to other lawyer and that lawyer Can get you your I-485 reciept from Company lawyer
• If the USCIS asks for new fingerprints, I have no way of knowing about it. What can I do?
• Is there a legal way for me to find out if my EAD has been applied for renewal? In either case, what can I do to ensure I am not out of status?
--------------------- for your EAD and AP you need to sign the Forms. if you have not signed EAD AP forms it means EAD AP is not filed
• Other than trying to convince my husband (which has failed to work) not to revoke my name from his 485 application, what else can I do to make sure to get my GC? I wouldn’t care about my GC if it were not for my kids who I would like to stay close to in case of a divorce (he refuses to give me their custody in case of a divorce).
• Any and all words of advice and suggestions are greatly appreciated. Please do respond back soon.

Thanks in advance!
Click to expand...
1 you can ask the I-485 filing reciept from lawyer. Your I-485 filing reciept does not belong to Employer or your husband.
2 your husband cant revoke your I-485 petition he will need legal divorce papers and dont sign any papers.
3 you should call National Domestic Violence Hotline on 1-800-799-7233 and they may give you link to free immigration help in your area.
4.You need to see an immigration attorney
5 Visit your Local USCIS website and they may have list of free immigration advice organizations
 
Sorry to hear your situation..

Too add to Ginnus point (few basic information).

1. I-485 is your application. You are the owner. You have a legal right to ask the recipt of 485 and copy of 485 from your lawyer. Your lawer legally has to give all the information regarding your 485 (not your spouse).
2. Your husband or lawyer cannot withdraw your 485, without your approval.
3. However, your husband or your husband lawyer can inform the USCIS that he no longer intend to sponser you as a dependent (you can not be derivative applicant on his 485) based on his 485 and mention your 485 recipt number/A number in the letter. But no one knows how uscis treats this, if your husbaund takes this action. Even no one knows how quick USCIS acts on this.
4. In worst case, be ready to consider other immigration options including filing your own immigration petition.
 
I am really sorry for the situation. But the Divorce will not really solve the problems, it will only shift the problem. Try to work it out together.
 
Vawa

There is something called VAWA for distressed spouses, but the only way you can get gc is that your husband should be approved. If he removes you from application then you will be out of status.

I am sorry to hear about your situation, I do recommed making a deal with him that is you can file a domestic violence case against him and tell him if he removed your name from the app you are going to do do that immediately, his life will be screwed forever, you can do so at anytime. So tell him to duke it out with you till either one of you gets gc, after that you can part your ways. A domestic violence case does not get citizenship either.

I know a person who did just that. Believe me it works, if he goes to jail, he will be transfered from federal prision to immigr prison, his life will be screwed forever. He may not get out alive, I mean seriously. You are entitled to get child support etc. Bottom line his ass is on the line. I am not sure who is right in your personal battle I am just laying out the facts.

The person I know just did that, stayed on his application, and moved out and filed vawa...she could not get gc immediately because her pd was not current, she could not wait so she immediately filed vawa because he got his gc by that time. She got a new ead and new 485. Hurray!!! There is hope do not worry.

:)


DistressedWife said:
I apologize for the long post, but I wanted to get everything right in the first post itself. Please bear with me.

First, the facts:
• I have been married to my husband for the last 4 years and we have a three year old daughter and a year old son.
• Our 485 (EB-2) was filed sometime in August/September 2007 timeframe. I don’t have the exact dates because my husband keeps all the paperwork hidden away from me. All I have is my Passport, EAD and AP. I don’t even have the receipt number for my 485 application. The lawyer who is handling our case is not accessible to me, because he is a company lawyer and will only talk to the primary applicant – in this case, my husband.
• I am already working full time using my EAD. My EAD and AP are due for renewal already. I am not sure if my husband has already filed for the renewal.
• I still have my H1-B through my last employer which is valid until November 2009. Not sure if it can help me now that I am already working for a different company than the one which sponsored my H1-B, but I thought I will add that bit of information for the sake of completeness.
• My husband has been threatening me with divorce and revocation of my name from the Adjustment of Status application.

Questions:
• Can my husband withdraw my 485, or remove my name from his application to prevent me from getting the GC?
• Is there a legal way for me to find out my 485 application number and/or the application receipt date?
• If the USCIS asks for new fingerprints, I have no way of knowing about it. What can I do?
• Is there a legal way for me to find out if my EAD has been applied for renewal? In either case, what can I do to ensure I am not out of status?
• Other than trying to convince my husband (which has failed to work) not to revoke my name from his 485 application, what else can I do to make sure to get my GC? I wouldn’t care about my GC if it were not for my kids who I would like to stay close to in case of a divorce (he refuses to give me their custody in case of a divorce).
• Any and all words of advice and suggestions are greatly appreciated. Please do respond back soon.

Thanks in advance!
Click to expand...
 
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