I-485 joint filing for spouse-Wife filed for divorce...

#1
I have filed 485 for my wife two years back. She deserted me after I lost my job with my GC employer. She is not living with me since Jan 2009. She filed for divorce. She did not inform her change of address to USCIS/lawyer.
GC attorney is my attorney and I have not informed my lawyer about her divorce application.
She has been called for finger printing and inital interview for adjudication.
And I am the primary applicant and she filed as dependent, she is threatening me that she will go to court because I have not informed about the interview. Is it her responsibility to inform USCIS for change address?
if she file any case will it affect me ? Her divorce petition is not disposed-off yet. What should I do ?
 

saf

Active Member
#2
I have filed 485 for my wife two years back. She deserted me after I lost my job with my GC employer. She is not living with me since Jan 2009. She filed for divorce. She did not inform her change of address to USCIS/lawyer.
GC attorney is my attorney and I have not informed my lawyer about her divorce application.
She has been called for finger printing and inital interview for adjudication.
And I am the primary applicant and she filed as dependent, she is threatening me that she will go to court because I have not informed about the interview. Is it her responsibility to inform USCIS for change address?
if she file any case will it affect me ? Her divorce petition is not disposed-off yet. What should I do ?
No, it doesn't affect your 485 case at all because you are a primary applicant. Is your divorce finalized? if so, she cannot get a green card because she left you and she filed for divorce. You should inform your lawyer of your divorce so your 485 can be amended without any problem. It would be illegal for her to obtain a green card if she is divorced. Do not inform her anything. Just stay at your employer and focus on your job and talk to your lawyer of 485 status.
 

paul4gc

Registered Users (C)
#3
since you are the primary, nothing to worry about this issue, but don't hold on to her mail.

it is always better to update attorney about the changes in job and family and take their advice. Further you should give her letters back in the post office and tell the post office that she moved out, post office will return those letters to sendors.
 

voldemarv

Registered Users (C)
#4
GC attorney is my attorney
That's wrong. Your wife signed G-28 and the attorney is her attorney also. It's attorney responsibility to notify client about all USCIS notices, fingerprints etc... And it's client (your wife) responsibility to notify attorney and USCIS about address change.
 

ginnu

Registered Users (C)
#5
I have filed 485 for my wife two years back. She deserted me after I lost my job with my GC employer.

She is not living with me since Jan 2009.
-------inform your Lawyer that she is not living with you and she has filed for divorce. She filed for divorce.
She did not inform her change of address to USCIS/lawyer.
----------------------That is her problem.
GC attorney is my attorney and I have not informed my lawyer about her divorce application.
------------------- Inform the lawyer. if she signed G28 then lawyer also represent her or can withdraw anytime representing her by informing USCIS.

She has been called for finger printing and inital interview for adjudication.
And I am the primary applicant and she filed as dependent, she is threatening me that she will go to court because I have not informed about the interview.
----------------------If she is not staying withyou then it is not her address and you can send her mail back and write on out side of letter "Currently not staying at this address" post office will send her mail back to USCIS.Or ask your lawyer.
Is it her responsibility to inform USCIS for change address?
------------------Yes. she was supposed to file her AR11.
if she file any case will it affect me ?
--------------------Why?
Her divorce petition is not disposed-off yet. What should I do ?
--------------------------inform your lawyer.
If she threatens you through email give the copy of email to your lawyer. Don’t talk to her on phone.
 
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