Green Card and Divorce

N

nkabra

New Member
URGENT HELP NEEDED: I came to US in Dec 2000 on an H1B visa. Got married to an Indian girl in India who became a US citizen in June 2005. So we have been married for 2 years and 5 months now.
Subsequently, I got sponsored for my Green Card through my spouse. She applied for my I485 - change of status on Nov 22, 2006. Both of us appeared for interview on March 27, 2007. The USCIS officer mentioned everything was OK after our interview and stamped my passport but did not write approved on it. He said it was to undergo security check or name check.

I have got my EAD(Employment authorization Document or work authorization) which is valid till Feb 1, 2008. I applied for another EAD since I have not got my Green Cad till now. The biometrics was scheduled for Oct 10, 2007. Since we were in India, I had to reschedule it.
My wife cannot have a kid(has medical problems and has gone in a traumatic mode). She now wants a divorce - thinks I will be happy if we get divorced and I can get remarried and have a kid. How does this impact my status - given she has sponsored my Green Card and my EAD is valid only till Feb. 1, 2008.
Can I again transfer on an H1B or will I have to leave this country. Is it possible, that since we have been married for more than 2 years, I can get my Green Card.
If anyone has gone through this experience or anyone has details on a similar issue, pl. let me know...
 
Last edited by a moderator:
yes, you can and must transfer back to H1 after the divorce, since you won't have a status. If your divorce is not final before you get a GC, then you'll get a GC. If the divorce is final, you don't get anything.
 
This is none of my business but as a member of another childless couple I advise you to concentrate on your wife and keep USCIS on the backburner. This is the time she needs you the most, stick by her. There are plenty of other ways to have a child together without the need for a divorce. I apologise if I have crossed any boundaries. Good luck!!!

nkabra said:
My wife cannot have a kid(has medical problems and has gone in a traumatic mode). She now wants a divorce - thinks I will be happy if we get divorced and I can get remarried and have a kid.
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Triple Citizen said:
This is none of my business but as a member of another childless couple I advise you to concentrate on your wife and keep USCIS on the backburner. This is the time she needs you the most, stick by her. There are plenty of other ways to have a child together without the need for a divorce. I apologise if I have crossed any boundaries. Good luck!!!
Click to expand...

I second this opinion. You have to ask, what's more important her or GC?
 
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