I-485 and divorce

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baltika12

Registered Users (C)
I am new for this forum.

Unfortunatelly I am getting divorced and would appreciate your input on my situation.
My wife is a primary applicant on EB2 category. Our I-485 are pending since 10/2002 but it's another 18-24 months down the road untill approval.

Do you guys know how the divorce affects my chances of GC. Or let me put it this way - How (and how fast) INS getting the information on a marietal status of the applicants.

I would value all the answers.

Thanks.
 
I think you may have problems if the following happens:

1. If BCIS asks for RFE which includes a marriage certificate.
2. If you are called for an interview for approval- even though your GC is not family based and since you are the secondary beneficiary as a spouse if the marriage is annuled then the application becomes void.
3.If your estranged wife writes to BCIS asking to withdraw your application as a spouse.

You are right that since ur application date is 10/02, it is gonna take a long time for your papaers to go through.BTW, do you have an independent H-1 or are you on EAD? Consider applying on your own after divorce if that'll work for you.

I think it may be dangerous (from the GC perspective) to go thro the divorce and adopt a "don't ask no tell" policy because it may come back to haunt you in the future-particularly when you apply for citizenship.

I hope things work out well for you. Good luck.
 
Ur case mostly will get rejected

If the primary applicant is not with you during the stamping, your case will get rejected.... Everything is based on the primary applicant.
 
Unfortunatelly I am getting divorced and would appreciate your input on my situation.
My wife is a primary applicant on EB2 category. Our I-485 are pending since 10/2002 but it's another 18-24 months down the road untill approval.


BEST Advice: Just compromise. Do not get a divorce. Try for a settlement. :(
 
Originally posted by ibm101
Unfortunatelly I am getting divorced and would appreciate your input on my situation.
My wife is a primary applicant on EB2 category. Our I-485 are pending since 10/2002 but it's another 18-24 months down the road untill approval.


BEST Advice: Just compromise. Do not get a divorce. Try for a settlement. :(
Click to expand...
 
I think baltika12 was asking us if there was any way he can still get his GC despite getting divorced as a secondary beneficiary of his wife's GC application. I don't think he was asking us advice on whether or not he should get a divorce. If we start advising on that, he may perceive that as being too intrusive in his private life, and has every right to feel so. May be we should just deal with the question at hand.Thanks for being sensitive.
 
baltika12,

Dependent applications will find it difficult to get approval if seperated/divorced from primary applicant, unless there is evidence of abuse of some sort, by the primary applicant towards the dependent.

As, ECGC suggested if you have a H1 B then it is advisable to switch to it from EAD if that is what you are using, because the AOS underlying the EAD is no longer applicable to you and you don't want to be out of status. Abandon the current 485 and file for your own AOS the moment you switch to H1, talk to a lawyer and see if there is anyway your original RD can be applied to your new application.

Good luck and god bless!
 
One of my friend had same situation

She didn't inform BCIS. She got approval letter in Detroit. She got her passport stamped. She had no H1. She got married again. Don't ask don't tell may work. All depends of your luck

If you can take separation and delay the divorce
 
is the bottomline question:

who can you tolerate, wife or BCIS ?

I vote for wife ... no matter who she is .. what say you ..:p
 
As per immigration

laws no one can withdraw 485 application even at divorce stage. Primary applicant may send letter to BCIS abt his marital status and its up to BCIS to decide to approve derivative case or not. Mostly ppl get approved in this scenario. Good luck.
 
Clarification

I thank all the members who have posted answers to my q.

May I ask sam99 to post a link to the law you 're referring to.

Thanks everybody.
 
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