Divorce

[baltika12]

I am new for this forum.

Unfortunatelly I am getting divorced and would appreciate your input on my situation.
My wife is a primary applicant on EB2 category. Our I-485 are pending since 10/2002 but it's another 18-24 months down the road untill approval.

Do you guys know how the divorce affects my chances of GC. Or let me put it this way - How (and how fast) INS getting the information on a marietal status of the applicants.

I would value all the answers.

Thanks.

 

[ginnu]

I am new for this forum.

Unfortunately I am getting divorced and would appreciate your input on my situation.
My wife is a primary applicant on EB2 category. Our I-485 is pending since 10/2002 but it's another 18-24 months down the road until approval.

Do you guys know how the divorce affects my chances of GC.
--- The day you get divorce you will not be on H4 status, AP, EAD and your I-485 as all these documents or petitions rest on your spouse. Your I-485 pending will become void, as you are no more spouse of primary applicant. Don’t ask when the BCIS will know, you can not be on any status the day you get divorce, try to be on your own status that is not depending on spouse. Forget the GC through spouse after divorce

 

[TheRealCanadian]

Originally posted by ginnu
The day you get divorce you will not be on H4 status, AP, EAD and your I-485 as all these documents or petitions rest on your spouse. Your I-485 pending will become void, as you are no more spouse of primary applicant.

That's not entirely correct. If an I-485 was non-frivolously filed, it does not automatically become void when the conditions underlying it change.

That being said, once BCIS finds out you are no longer married to an approved I-140 holder, your I-485 will be denied.