GC after Divorce

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pradosha

Registered Users (C)
My daughter a GC applicant through her husband has notified INS of divorce but just about 15 days after this notice to INS(which perhaps is yet to be processed and linked up with the GC application) the online status of BCIS says case is approved and approval notice is posted.Will the GC if issued be valid and what should my daghter do in this situation?She also holds H1B visa which was obtained in anticipation of her husband withdrawing her GC application following differences in marital relationship.

1. Is the GC valid?
2. Should she withdraw the application?

Regards
 
pradosha said:
My daughter a GC applicant through her husband has notified INS of divorce but just about 15 days after this notice to INS(which perhaps is yet to be processed and linked up with the GC application) the online status of BCIS says case is approved and approval notice is posted.Will the GC if issued be valid and what should my daghter do in this situation?She also holds H1B visa which was obtained in anticipation of her husband withdrawing her GC application following differences in marital relationship.

1. Is the GC valid?
2. Should she withdraw the application?

Regards
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Quick question:
Is the sponsoring spouse a USC/LPR? or is this a derivative case?
When you say application is approved, you mean I-130 is approved, or the I-485 is approved?
 
GC after Divorse

The sponsoring spouse was an Indian Citizen and the GC application was employment based.When i said application is approved It is I-485.
 
pradosha said:
The sponsoring spouse was an Indian Citizen and the GC application was employment based.When i said application is approved It is I-485.
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Looks like the GC has already been approved and the plastic card should be in the mail. You should call up USCIS and check with them about the status to make sure they did not revoke the green card after they received the divorce information letter. Good Luck!
 
GC after Divorse

Thanks for quick replies.We still have to avait the approval notice by mail.Assuming that it contains the final approval and the plastc card, is there a possibility of INS rovoking/cancelling the GC after the approval if it happens that the Divorse has taken place prior to GC approval date and has come to INS knowledge only subsequently.Could you please advise what my daughter should actually do in the situation to ensure that she is on the side of the law and at the same time safegaurd her status keeping in view a possible remarriage may be to a USC or a GC holder.
 
ari4u said:
Looks like the GC has already been approved and the plastic card should be in the mail. You should call up USCIS and check with them about the status to make sure they did not revoke the green card after they received the divorce information letter. Good Luck!
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GC after Divorse

Thanks for quick replies.We still have to avait the approval notice by mail.Assuming that it contains the final approval and the plastc card, is there a possibility of INS rovoking/cancelling the GC after the approval if it happens that the Divorse has taken place prior to GC approval date and has come to INS knowledge only subsequently.Could you please advise what my daughter should actually do in the situation to ensure that she is on the side of the law and at the same time safegaurd her status keeping in view a possible remarriage may be to a USC .I understand the INS will have the last word on the issue but am looking for the best alternative in the given situation.
 
If the card has been issued ...

once the card has been issued , send to the mail , you do not have to worry , the case has been approved that is mean you have been granted LPR . Even if the divorce took place before you received the card it would not affect their decision . Generaly if you divorce nad had not yet been granted the status of LPR at the interview time you have to be with your husband . Did you went to interview ?
 
philaug28 said:
once the card has been issued , send to the mail , you do not have to worry , the case has been approved that is mean you have been granted LPR . Even if the divorce took place before you received the card it would not affect their decision . Generaly if you divorce nad had not yet been granted the status of LPR at the interview time you have to be with your husband . Did you went to interview ?
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Your reply appears reassuring.There was no interview.After the second fingerprint about eight months back,the BCIS online status says"This case has been approved. On August 11, 2005, an approval notice was mailed............"
 
pradosha said:
Thanks for quick replies.We still have to avait the approval notice by mail.Assuming that it contains the final approval and the plastc card, is there a possibility of INS rovoking/cancelling the GC after the approval if it happens that the Divorse has taken place prior to GC approval date and has come to INS knowledge only subsequently.Could you please advise what my daughter should actually do in the situation to ensure that she is on the side of the law and at the same time safegaurd her status keeping in view a possible remarriage may be to a USC .I understand the INS will have the last word on the issue but am looking for the best alternative in the given situation.
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You have not given much information about the sponsoring spouse. Was he already a GC Holder when your daughter married him? Or did they apply together for GC after marriage? How long did the marriage last for? Normally, request for GC application to be revoked are sent by the petitioner/sponsor so i dont think the beneficiary sending a letter informing of divorce would be considered for cancellation. I could be wrong. You should consult a lawyer and get an opinion.

In my opinion, the GC is approved so you dont have to worry, but I would still ask you to wait for the approval letter and the plastic card in the mail and then see what needs to be done and if you should start worrying or not.
 
dear pradosha

sorry to hear about divorce, approval means she is approved and she is green card holder now (congretulation) and good luck for her future. one more thing get the printout of the approval & get info pass for passport stamp.

gogi274
 
ari4u said:
You have not given much information about the sponsoring spouse. Was he already a GC Holder when your daughter married him? Or did they apply together for GC after marriage? How long did the marriage last for? Normally, request for GC application to be revoked are sent by the petitioner/sponsor so i dont think the beneficiary sending a letter informing of divorce would be considered for cancellation. I could be wrong. You should consult a lawyer and get an opinion.

In my opinion, the GC is approved so you dont have to worry, but I would still ask you to wait for the approval letter and the plastic card in the mail and then see what needs to be done and if you should start worrying or not.
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Sponsoring spouse applied for himself and my daughter toghether in December 2002.He also has got the GC approval notice on the same day as my daughter now.Marrige in May 2002 and daughter in US since then visiting initially on H4.Divorse formalised in Indian Cort in june 2005
 
pradosha said:
Sponsoring spouse applied for himself and my daughter toghether in December 2002.He also has got the GC approval notice on the same day as my daughter now.Marrige in May 2002 and daughter in US since then visiting initially on H4.Divorse formalised in Indian Cort in june 2005
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Thanks for your reply. Divorce is considered seriously for green card applicants who are married to US citizens and GC holders. Everything looks okay from your case and i guess there shouldnt be any problem. Though you still have to wait for your approval letter and plastic card to arrive in mail to make sure everything is okay.

Good luck!
 
ari4u thanks for the gudance so far.My daughter has received the approval notice and she is required to take an infopass appointment to complete the process of issue of GC.However immigration attorneys when consulted have advised that the GC may not be valid having been approved after divorse.so she has not gone ahead with the process and continues with her H1B status.The further devolopment is that she has now married a USC on 31.8.05.I feel she should apply for the GC afresh to avoid any complications later.What would you advice in this situation.
 
pradosha said:
ari4u thanks for the gudance so far.My daughter has received the approval notice and she is required to take an infopass appointment to complete the process of issue of GC.However immigration attorneys when consulted have advised that the GC may not be valid having been approved after divorse.so she has not gone ahead with the process and continues with her H1B status.The further devolopment is that she has now married a USC on 31.8.05.I feel she should apply for the GC afresh to avoid any complications later.What would you advice in this situation.
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Was the divorce was finalized on the the date they issued the Approval notice? If not, and the GC is not conditional I don't think she should apply for new GC,based on USC spouse.

I AM NOT ATTORNEY BUT MY ADVISE IS TO CONSULT EXPERT ATTORNEY IN THE EMPLOYMENT BASED CASES, AND EXPLORE ALL THE OPTIONS B4 APPLYING FOR MARRIAGE BASED GC.
 
Divorse decreed on 22.6.08.BCIS notified by my daughter on 2.8.05 after i sent certified copy of court order to her.Approval notice is dated 11.8.05.
 
pradosha said:
ari4u thanks for the gudance so far.My daughter has received the approval notice and she is required to take an infopass appointment to complete the process of issue of GC.However immigration attorneys when consulted have advised that the GC may not be valid having been approved after divorse.so she has not gone ahead with the process and continues with her H1B status.The further devolopment is that she has now married a USC on 31.8.05.I feel she should apply for the GC afresh to avoid any complications later.What would you advice in this situation.
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So that means that she abandon her process based in her ex husband employment application green card? Now you said that she remarried another person and in this case is a USC. In any case is better to wait for a result of her previous case, if it was really denied or what, especially if she is going to submitt an application through a marriage to a USC.
 
She got her approval notice and that means she already has an un-conditional GC waiting for her. This may jeopardize her H1-B status though. She could have still gone ahead with the infopass to see how things would have turned up as she has nothing to lose except the GC. IF she hasnt used EAD, she could still continue on H1-B even if her GC is denied/cancelled. My best bet was that she could have got her GC if she hadnt re-married, went to DO with her lawyer and proved the reasons for divorce (and that the marriage was bonafide). For employment based GC cases, the concept of marriage and divorce works differently compared to marriage with a USC/GC.

Now that she is married to a USC, its a totally different ballgame. Her GC process should be fairly quicker and simple AND she has to make sure the previous GC is cancelled and she is on a valid H1-B or any other legal status. Her GC in this case would be denied if the previous GC is still valid. So she should see if she can get hold of the previous GC or make sure she applies to abandon the GC before starting a new one.

What is the status of this case with USCIS? Is the GC cancelled or are they still waiting for her to make an INFOPASS appt and meet them?

If you feel your lawyer is not convincing, you could take a second opinion....

My 2 Cents worth....
 
This is what the case status says "This case has been approved. On August 11, 2005, an approval notice was mailed. If 14 days have passed and you have not received this notice, you may wish to verify or update your address."
 
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