Husband wants Divorce on the day we received EAD

[imwatcher123]

I-134 from the primary is optional if the spouse can prove s/he will not be a public charge (e.g has a job with earnings well above poverty line). In fact I-134 does not have to be from the primary, it can be from a third party. The key issues for the spouse derivatevs geting GC are: 1. GC of the primary approved and 2. existence of the marriage at the time of adjudication. A primary can prevent the spouse in the process of divorce from getting GC by simply withdrawing his/her own 485 and filing again when divorce is finalized.

 

[imm_Quest]

I was/am in a similar predicament and I would like to offer you my 2 cents.
Good news first - my green card has recently been approved and still to do passport stamping.
I, like you was the primary on the green card application. I filed for divorce 2 years ago. It was a nasty divorce. I wrote to the USCIS to withdraw my affidavit of support. He was still able to apply and receive an EAD, despite that. As I said my divorce was very ugly. He filed a false police report claimimg I assualted him. This was his way of trying to jeopardize my green card. I was arrested, and thank God, the DA saw thru all his lies and no chagres were filed. I later had a restraining order against him. In a strange twist of faith, his attempts to spoil my green card back-fired on him. Because of my arrest (from his lies) and the restraining order, my background check showed the arrest report, and hence turning what was clearly an approvable case into an interview case. The divorce is still not final yet (yep after 2 years). My background check would have been clean and despite being in divorce proceeeding he would have been granted a green card!
My advice for you, get a lawyer, both for the divorce and for immigration. And pray your God very hard. You will need their advice every step of the way. I do mean every step of the way.
Good luck, and God Bless.

PS: Dont let your anger (which I understand completely) compromise your good judgement.

I understand from this forums that your case is approved. So I am specifically writing to you. Were you called for an interview ? And do you mind sharing the interview process ?

 

[portalvy]

I understand from this forums that your case is approved. So I am specifically writing to you. Were you called for an interview ? And do you mind sharing the interview process ?

I sent you a private message. Check it!

 

[revoke485]

I hope the gurus and experts are still viewing this thread...

But to fight to withdraw or not to support the spouse who is just wanting the marriage just for the sake of greencard, the below thwo things might work..ANy experts reviewing this thread can you please comment on this twio points below...


1)At the personal Interview, if you submit the divorce papers or the Diviore filling papers ,I hope the officer can be able to help not to issue the greencard to the spouse.

2) Also, when you file I-485 there will be a column that says if you want to support or apply for your dependents. In that case, When you say "NO" how can you think the spouse can be able to get the greencard..Id this happens.....I whould say an Immigration law's to be re-written.??

Any comments....This is kind of important to discuss...Please follow_up...

 

[hkky]

No, it's not. The Affadavit of Support pledges to support the dependent alien for the first 10 years, and is not replaced by a tax return. The LC wage is used to determine the income levels, but the support element is still there. I recall doing one for my wife when I filed my I-485.

I don't know why everyone is quoting 10 years. When I signed the form it said a minimum of 3 years.

 

[anxious-one]

Hi
We have been married for 7 years.
For the last 2 years we have been living separately because our jobs are in different states.

My employer had applied for Green card 4 years back.
Immediately after receiving the EAD through my employer, my husband is asking for divorce.

What should I do about this?
Divorce is almost certain. There is no chance of reconciliation.
Can I do something to stop the EAD from getting converted into a green card for him? From his words, he waited this long for divorce only because of my employers green card application. And now that he has received EAD, he doesnt want to work on the marraige.

Can I do anything or is it already too late?
Thanks
A

Anita:

i feel your pain, and I dont know enogh about immigration procedures to help you. However, I would recommend that you dont act to spite or retaliate. Like someone said, you can withdraw all that makes you liable, and inform the USCIS. If he gets his GC, good for him. Be the bigger person. I wish you happiness in your future endeavours.

 

[nato]

why not call up CIS and ask, though they are just contractor so may not get clear ops

 

[revoke485]

But if 485 is being withdrawn then automatically that Affidaviate of Support will also be gone with the wind write....??

So in this case withdarw the primary -485 and with automatically denies the spouse 485 and again re-apply fresh with onlyn primary and check the box with not apply for any dependents..???