Legal obligation?

nomoipo

Registered Users (C)
I am a permanent resident of this country got it through my employer, my wife currently has her EAD and her I485 is being processed right now and my employer is taking care of this.
We have decided to divorce for a multitude of reasons and the divorce papers are filed in India, it might take another 8 to 9 months to get the actual paperwork and settlement from the court in India, my question to the law pundits is
A) Am I legally obligated to let the INS know that I filed for a divorce, if so when
should let the INS know
B) What happens to her I485 processing now
B1) if I let the INS know about the filing of paperwork in the court in India
B2) if I dont let them know.
 
nomoipo said:
A) Am I legally obligated to let the INS know that I filed for a divorce, if so when
should let the INS know

No, it's not mandatory and there is no legal requirement from your side. However, if you want, you can inform USCIS (INS) if you get divorce officially.


nomoipo said:
B) What happens to her I485 processing now
B1) if I let the INS know about the filing of paperwork in the court in India
B2) if I dont let them know.

Technically (and by law) her I-485 is toast if you get divorce (officially) before she is granted GC (ie. I-485 approved). However, I am aware of two cases where dependent spouses were granted GCs even though marriage did not exist before granting GC (one case husband died before wife's approval and in another case they got divorce). In both cases their lawyers argued that GC should not be accepted in this kind of scenario, unless there is some kind of humanatirian issues involved. If same thing happens for your wife too, she should consult to an immigration lawyer.
 
Top