Divorce Question, please help

N

nomoipo

Registered Users (C)
Here is the problem for which I would appreciate any help.
I have a employer based GC, my soon to be X has her
I140 and is waiting for her I485.
I have filed for a divorce in the US. But she insists she wants
the green card no matter what, and I cant partner myself in that.
So my question to the forum is,
1 ) If I withdraw the affidavit of Support, will her GC be revoked because
I heard that they(INS) might or might not care about the divorce.

2 ) is there any other way that I could see that she does not live in this country
( I am willing to give her whatever money the court asks me to but I dont
want to see her live here in the US as she can make my life difficult)

Any help would help.
thanks
 
1. You can't withdraw an Affidavit of Support, and even divorce won't take out that responsability.
You are saying that she had a I-140 and waiting for her I-485, so she is already in adjustment of status. Her I-140 is through you as derivative status or is by her own employer?

2. You are in the wrong forum for that kind of statements. Everybody who follows the law and apply for a residency and received it can stay in this country no matter who likes it or not. If you don't like her, then divorce from her and continue your life.

Good luck,
 
cherr1980 said:
1. You can't withdraw an Affidavit of Support, and even divorce won't take out that responsability.
You are saying that she had a I-140 and waiting for her I-485, so she is already in adjustment of status. Her I-140 is through you as derivative status or is by her own employer?

2. You are in the wrong forum for that kind of statements. Everybody who follows the law and apply for a residency and received it can stay in this country no matter who likes it or not. If you don't like her, then divorce from her and continue your life.

Good luck,
Click to expand...
1) To Answer your point one, Her I140 was a derivative through my employer, she isnt working. Do you mean that once a person has I140 they are on their own and I have no right over the adjustment of status ( please clarify that)

2) I follow the law got my gc after 6 years of relentless patience.
Clearly what you say is right, I dont like her and divorce is my response
I just wanted to clarify if I could withdraw the support thats all.

but thanks again, please calrify my point one if you can.
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nomoipo said:
1) To Answer your point one, Her I140 was a derivative through my employer, she isnt working. Do you mean that once a person has I140 they are on their own and I have no right over the adjustment of status ( please clarify that)

2) I follow the law got my gc after 6 years of relentless patience.
Clearly what you say is right, I dont like her and divorce is my response
I just wanted to clarify if I could withdraw the support thats all.

but thanks again, please calrify my point one if you can.
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Click to expand...

1) You are wrong from the beginning. If I am not wrong :she does not have her own I140, she filed I485 based on your approval I140 ?

If that is the case, divorce will cause her status invalid unless she has other status to protect.

2) If she has I140 on her own and filed I485 based on your approval I140 (due to your PD is current or so), the only thing she will lose is I485 status. So, she still needs to get H1 or other non-immigration status to protect herself while waiting for her I140 PD become current to file I485.
 
no it doesnot make a diff, the only way out would be to withdraw

yours and refile without her papers, if you have fully decided call the CIS and they may suggest you way out. asking in this forum doesnot help as not too many folks with your situation
nomoipo said:
1) To Answer your point one, Her I140 was a derivative through my employer, she isnt working. Do you mean that once a person has I140 they are on their own and I have no right over the adjustment of status ( please clarify that)

2) I follow the law got my gc after 6 years of relentless patience.
Clearly what you say is right, I dont like her and divorce is my response
I just wanted to clarify if I could withdraw the support thats all.

but thanks again, please calrify my point one if you can.
-
Click to expand...
 
newbies,
He is not wrong he was asking a situation.

nomoipo,
1. No, because the I-140 alone doesn't give her any status. If she filed already her I-485 then she is in adjustment of status. Now, did she file already her I-485? It is my understanding that you can file both concurrently (I-140/I-485). For how long that petition has been pending? It is my understanding that if you get your divorce (divorce decree) before her AOS is approved then she can't adjust the status because is derivative through you. I really don't know the entire spectrum of divorce through derivative status but in any case should be the same way since her AOS is through you.

You would like to read these links:
http://www.hooyou.com/divorce/prior2pr.html

http://www.usvisanews.com/questions/wedquest060502.shtml (Q #3)
 
cherr1980 the links that you gave were very useful and answered my question.

To answer to your question, I applied for my 140 and 485 prior to getting married, after 6 months I applied hers. her priority date ( ie my labor filing date ) is Oct 2002, so she has some more time to go may be 8 months to a year may be as per my company lawyer but in such cases you never know.
But thanks for clarifying my doubt.

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