I-485 pending and divorce

[pralay]

If the address change of dependent does not affect the address changeof primary applicant, then how or why did homeland security send his interview notice to my new address ? Do they usually send both the applicant's eac others notice ? That is what confusing to me.

Is your current address was your husband's old address too? In that case, probably his change of address did not take effect on his application.

 

[iduniqueone]

Is your current address was your husband's old address too? In that case, probably his change of address did not take effect on his application.

Until September 2004 I did not make any change of address. I-485 application , say, had address X from 2002 to the time until he made any change of address. Then in 2004 I gave change of address from old Address X to Address Y for the dependent's application. It wa changed as per my request and I had acknowledgement from INS. Then recently in the last month I made change of address from Address Y to address Z for my application. And the INS changed it and sent me acknowledgement.

I do not know whether the primary applicant husband changed the address from old address X to any other address other than Y or Z. That is why I wonder why INS sent both the applicant's interview notice to the last change of address Z. Would the primary applicant have got a copy of notification sent to him ? or should I forward theoneI got in his name ? Pls answer if u have any idea. thanks.

 

[pralay]

I do not know whether the primary applicant husband changed the address from old address X to any other address other than Y or Z. That is why I wonder why INS sent both the applicant's interview notice to the last change of address Z. Would the primary applicant have got a copy of notification sent to him ? or should I forward theoneI got in his name ? Pls answer if u have any idea. thanks.

I guess both the files (your and your husband's) is with same interviewer. He/she assumed that both of you are living together, hence sent interview notice to same address - probably by mistake. In that case I doubt he got a copy of his interview notice in his new address.

 

[iduniqueone]

I guess both the files (your and your husband's) is with same interviewer. He/she assumed that both of you are living together, hence sent interview notice to same address - probably by mistake. In that case I doubt he got a copy of his interview notice in his new address.

Thanks Pralay for the prompt response. Another question is
If the husband filed for his I-485 under employment based category after the marriage and if he included the wife's name along with it, then under what category does the wife's application come ?
Would it be under marriage based or as a dependent on primary applicant ? I understand that marriage based I-485 means the spouse should already have a green card or citizenship at the time of marriage itself and then he/she is applying for his/her change of status under marriage based category. Am i right ? Thanks for the help.

 

[TheRealCanadian]

If the husband filed for his I-485 under employment based category after the marriage and if he included the wife's name along with it, then under what category does the wife's application come?

Employment-based, derivative applicant.

 

[iduniqueone]

I guess both the files (your and your husband's) is with same interviewer. He/she assumed that both of you are living together, hence sent interview notice to same address - probably by mistake. In that case I doubt he got a copy of his interview notice in his new address.

Hi,

I have already filed for H1B through the FY2006 quota with a start date for OCtober 1, 2005. Today INS published that they would start accpeting the H-1B petitions under the 20,000 Additional H1B Filings Effective from May 12, 2005. I have a masters degree and I can have a conversion of my filing to this 20K quota.

But I have an interview for the Green card coming up by the end of this May. If for some reason, the green card application is rejected and if I get my H-1 apporved under this new 20K quota before green card rejection, can I continue to stay in USA without getting a stamp of H1 by going to home country ?

If my green card is rejected and the H1 also does not come through, ( worst scenario) within how many days should I leave the country ?

Pls write to me and any help is appreciated.

 

[compass]

I think you can legally stay in US while your H-1 is pending (even after denial of I-485 if this happens before approval of H-1). When your H-1 will be approved, you should check if the approval notice will or will not have I-94 card attached to it's bottom.
If I-94 will be there, you can stay in US and start working without going to your home country for visa stamping. You will need it only in case you want to travel.
If I-94 will not be there, you must go to your home country and apply for visa stamp using this H-1 approval, and then re-enter US.
I am not sure how many days you will have to leave US if H-1 will be denied, or I-94 will not be attached to the approval.

 

[philaug28]

urgent advice neeeded ....

Hello all ,


I`ve been married for four years and had a petition filed on my behalf from my wife since april 27 2001 (i-130) . This years we are near a divorce because of the fact that things are not the way it used to be . recently my i-130 petition got approved and i got a priority date of april 30th 2001 . I`m waiting for it to be current before i filed for the i-485 . On a last conversation with her she told me that she wants to divorce . My question to you guy is what are the possible steps toward receiving my GC regardless of that tearful situation ? would my application be denied if i divorce before filling for i- 485 or should i send it before the divorce ? my second question is with the 245(i) would it be possible to have the greencard regardless of this situation . My wife is a legal permanent resident and the petition was filed under the LIFE act 2000 .

Thank you all

best regards

 

[iduniqueone]

State driver's license or any state id for GC interview

I guess both the files (your and your husband's) is with same interviewer. He/she assumed that both of you are living together, hence sent interview notice to same address - probably by mistake. In that case I doubt he got a copy of his interview notice in his new address.

Hi,

I have the green card interview coming soon in Atlanta office. My application is a derivative of employment based applicantion of my husband. I have a different state license ( other than GA) right now & I moved recently to GA. But I have not yet changed the license to GA. And they have asked or state driver's license or any state photo identification. Will it be a problem if I show the different state's driver's license ? Are they asking the driver's licenses just for a photo id of this country ? Or are they asking asking to verify the proof of residence in the particular state as in your application for AOS ?
Any help is appreicated. Thanks.

 

[iduniqueone]

GC interview and affidavit of support

Thanks Pralay for the prompt response. Another question is
If the husband filed for his I-485 under employment based category after the marriage and if he included the wife's name along with it, then under what category does the wife's application come ?
Would it be under marriage based or as a dependent on primary applicant ? I understand that marriage based I-485 means the spouse should already have a green card or citizenship at the time of marriage itself and then he/she is applying for his/her change of status under marriage based category. Am i right ? Thanks for the help.

Hi,

I have an interview for Green card coming up and in the list of supporting documents they have asked to bring affidavit of support. Husband has given an affidavit of support for H-4. Is this the same one for I-485 also ? Or does he need to give an affidavit of support for I-485 filing separately ?
USCIS has informed that if affidvait was not submitted at I-485 filing, they need one at interview.
If he does not provide one what will happen ?
Pls respond.. since I need time to help this situation. Thanks.

 

[iduniqueone]

H-1 Approval, I-94 and Stamping of H1

I think you can legally stay in US while your H-1 is pending (even after denial of I-485 if this happens before approval of H-1). When your H-1 will be approved, you should check if the approval notice will or will not have I-94 card attached to it's bottom.
If I-94 will be there, you can stay in US and start working without going to your home country for visa stamping. You will need it only in case you want to travel.
If I-94 will not be there, you must go to your home country and apply for visa stamp using this H-1 approval, and then re-enter US.
I am not sure how many days you will have to leave US if H-1 will be denied, or I-94 will not be attached to the approval.

I have filed for H-1 with I-129 notice date April 26, 2005 visa through a consultancy under the additional 20K quota for 2005 having a masters’ degree.

•Would H1 get approved with an I-94, since my (H4) I-94 expired in September2003?
•If H1 is approved without an I-94, depending on the start date they issue, is there any time limit within which I need to get it stamped from India and be present in USA?

• 
  •How is the start date assigned for these H1 petitions ?
  •Will this independent H-1 process be affected if the I-485 ( which is filed as a derivative of an employment based of my husband) is rejected?
  •Under the given circumstances of immigration, would premium processing for H1 be advantageous to stay here legally even if I-485 is rejected?
  
  Thanks and I appreciate any help on this.

 

[chinusa]

A dependent I-485 is different from a dependent non-immigrant status in that it does not automatically expire when its underlying basis ceases to exist. Therefore, you should be free to stay until it is denied.

Hi, RealCanadian, I know this thread is from almost 5 years ago, both you and Pralay said the divorce does not automatically invalidate a derivative's I485 that is pending. I wonder if it is still the case as of today 5 years later, how certain are you?

I get conflicted information about this issue, even immigration lawyers have different opinions. I wonder how I can get an accurate conclusion.

Thank you much.