Green card petition for spouces

J

jeans

Registered Users (C)
I have a specific question . Please advise .

My friend is in the process of getting her green card shortly . She has been approved for her I-140 recenltly.

She included her spouse in the green card processing . Now the spouse(her husband ) is required to leave USA for long time (indefinite ) . Can she cancel processing (green card ) for her husband leaving her once continuing for the further processing .

Please let me know asap ?

Jeans
 
I don't think she should take any action at this point of time, removing dependent from the petition could delay her process too (I think).

Unless they are being divorced. If this is the case then she would need to send a proper application to INS stating the reasons for removal of her spouse. Otherwise, I don't see a point in continuing her process and removing her husband from the process. I don't think that they are planning to remain married and live seperately forever.

Moreover, if she removes him now, get her GC and then try to get a GC for him she'll invite a bunch of troubles for herself. There are many guys who have posted such issues here who, already have a GC and want to get a GC for their spouses, are going through a nightmare of the lifetime.

I'm really not sure if my response is helpful here, as your question is not very clear. I guess it will be a good idea to see an attorney.
 
Thank you for the info .

I have another question .

Say suppose A ( male ) got married with B (female ).
A got green card from B's side that is she incuded him in her green card processing after marriage during i-140 petition.

After getting green card B realises that A is not a good guy to continue life with and she decides to have divorce. And she gets the divirce finally .
In this scenario can B file to INS to with draw / CANCEL greencard fecility of A as he got his green card from B's side ?

Bottom line is if B divorced from A , then why should A enjoy the benefits got from the side of B ?

Jeans
 
Originally posted by jeans
Thank you for the info .

I have another question .

Say suppose A ( male ) got married with B (female ).
A got green card from B's side that is she incuded him in her green card processing after marriage during i-140 petition.

After getting green card B realises that A is not a good guy to continue life with and she decides to have divorce. And she gets the divirce finally .
In this scenario can B file to INS to with draw / CANCEL greencard fecility of A as he got his green card from B's side ?

Bottom line is if B divorced from A , then why should A enjoy the benefits got from the side of B ?

Jeans
Click to expand...

The relevant question of law is whether the marriage is genuine, and if so, whether A had fradulent intent in consenting to the marriage.

From what you write, the marriage, while it may be on the rocks now, was genuine at the time it was consummated. It is also apparent that while A may have weighed the green card as a benefit of the marriage (much the same way as many of us weigh the other party's wealth as a key criterion), the intent to marry was not fradulent. Given these circumstances, the law would allow A to continue to enjoy immigration benefits and there is nothing you can do about it.

However, during the pendency of your application, you may be required by law to notify the INS of any material changes in the circumstances based on which your application to adjust status was made, and it would appear that the very basis of your spouse's application is now in question. I am not sure that a rocky marriage in itself is regarded under the law as a disqualification from adjusting one's status; clear intent to separate/divorce may very well be.

The situation may have to be clarified anyway if the service sends out an RFE or transfers your case to a local office, as they often do for this very reason. If you choose to keep quiet till an RFE/transfer occurs, the INS can question your own green card in future accusing you of facilitating immigration fraud.

Situations like these are best handled in one of two ways. You can scrupulously make sure that everything is on record with the service so as not to jeopardize your own application, or if you do not believe in this approach, let a lawyer handle the case as appropriate.
 
We know that we have to file separately for spouse.

So it is all the way two different cases with different kind of supporting documents.

I Her(Primary) form she has to mention her husband name (since they are not legally divorced). You can not keep it as blank if still married.

After getting green card if she marries then it is going to take long time.

But if she changes within I 485 processing time could be reduced. Better consult a good lawyer.
 
Analyze this

Have you guys watched that movie "Analyze this" ? In the movie Robert De Nero goes to a shrink ( Billy Crystal) and tells his problem. De Nero says his problem as " I have a friend who has this and that problem ..........". After hearing those problems the shrink figure it out the that the friend is De nero himself. It seems funny to me when people throws a question that is clearly his/her problem but mention " One of my friends....". Hi Jeans - be forward. Instead of A, B, C why don't you mention which side you are in A or B or C. Anothet point if you are B and now want to get even with A ( who by your account took advantage of GC of B) - you can do nothing if B's green card is attainted by EB. When dependent of EB cases got apporoved along with primary those are NOT "conditional GC" like marriage based. Ofcourse if A gets GC through marrying to B ( primry applicant) then A is given conditional GC for three years and B can take action against A whinin these conditional period to viod B's GC. For EB based cases ( as most of us here) B (U) can do nothing .
 
Hi pcgccc

I am agree with your explaination.

You are right many people are asking questions behalf of their friends .

But as far as someone's identity is concerned, they have right to hide it. So let them do that way and Let us give our advice if we have.
 
Agree 100% with PCGCCC

PCGCCC - you're 100% oorrect in your assumption as mine - good comparison to 'Analyze This' though:)

-MrCoolz
RD:11/27/02
 
There are a lot people who can make good assumption.

But there are less people who can give good advice.

Be with the guy who has come to seek your advice.

My 2 cents.
 
jeans

looking at the fact let us know when u get married. do you have gc or she is going to apply for you:D ;)
 
This adopting the "friend" persona is a common thing on this forum. I am pretty sure the "jeans" person is asking this for him/herself, only she/he is for whatever reason pretending that this query is for a "friend."
Why bother to waste this forums space and time with "should I knowck off my spouse from the green card process" type questions. It's massively irritating--just ask a lawyer or a friend or neighbor.
 
ur are right

if i had a friend who had this problem i would tell them look there is this forum why dont u go ask there?
internet is anonymous still people are afraid. :D :D of maybe there sign ons being looked down upon:p ;)
 
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