Green card

[Eb2india123]

I need some inputs please help.
I am.primary applicant of GC in EB category.
Primary applicant attended interview

Derivative (spouse) is still waiting for interview.

From the time.of filing 485 there were disturbances in marital life so a divorce petition is filed and now court has terminated marital status.

Now derivate wants to negotiate for shared custody for the sake of kid, I was told nothing can be done once court terminated the marital status. Now derivative is coming to negotiate to sign the disputed custody and re marry with pre neptual it's all confusing and don't understand what is all this.

If remarried the. How is it going to effect the derivative AOS

Please share your thoughts

 

[SusieQQQ]

If the “derivative” is no longer married to the principal then there is no basis for adjustment as a derivative . She/he will need another valid status to remain in the US. Custody and a new marriage/prenup are separate (family court) issues that can have nothing to do with the principal’s AOS. The child of the principal is obviously still entitled to derivative AOS.

 

[Sm1smom]

The spouse is no longer eligible as a derivative upon the termination of marriage. If the kid is already a LPR and the spouse wants to have shared/joint custody, that spouse needs to find some other legal means of remaining in the US. Re-marrying for the sake of benefiting from an immigration benefit one is no longer entitled to is a fraudulent act.

 

[SusieQQQ]

The spouse is no longer eligible as a derivative upon the termination of marriage. If the kid is already a LPR and the spouse wants to have shared/joint custody, that spouse needs to find some other legal means of remaining in the US. Re-marrying for the sake of benefiting from an immigration benefit one is no longer entitled to is a fraudulent act.

Oh... I assumed it was a new marriage but I see on a re-read, you are correct. And of course they will catch it as fraud because all marriage and divorce certificates need to be provided. In fact if ex-spouse is attempting to use custody of the child as leverage to remarry for a green card then OP certainly needs to obtain a good lawyer, this is surely unlawful in any case but definitely so when marriage is for an immigration benefit.