Need an advice regarding the Divorce for a friend

[infok]

One of my friend\'s husband has been threatening her with divorce and planning to cancel her I-485. They filed I-485 couple of months back and both of them got their EAD/AP. They have an 8 month old baby born in US. She is planning to see an attorney. But before she see an attorney she wants to find few things.

If he cancels her I-485 in the middle what options she has?

Are there any ways that she can continue her I-485 and get her Green Card?

What happens to the baby? Who gets the custody of the baby?

Can someone give suggestions?

Thanks

 

[GJS]

No Title

If he cancels her I-485 in the middle what options she her GC?

Technically he cannot cancel her GC but could withdraw the affidavit of suppport. This is what I have seen from postings in this site. But I am not sure of the same and a attorney could help better

Are there any ways that she can continue her I-485 and get her Green Card?

Unless he supports her, I think She cannot get her GC, since She has applied for the same as a dependent. So She has to change to some other status like H1 or B1.

What happens to the baby? Who gets the custody of the baby?
That is something that will be decided in courts. Since She is herself dependent on her husband for survival, She will have a tough time trying to get custody of child. SO it would be in her interest to get a job and try to convert to H1.

I am not a attorney and this is not legal opinion. A immigration attorney should be able to guide better. Some good attorneys that I have heard from this site are Murthy - www.murthy.com, Alan Heckler - www.aheckler.com

Best of luck

 

[tan_suo]

No Title

What you mean withdrawing the affidavit of suppport?You mean send INS the dirvoiced certificate during the 485 process?When should he send and what he will send(filing dirvoiced or dirvoiced certificate get from court)?Please clarify!

 

[jaxen]

No Title

A primary applicant can withdraw a derivative\'s 485 application anytime. Don\'t need a divorce approval. INS might start deportation proceedings ... Bane of the INS system.