Need help regarding effect of divorce on I-485...Thanks

S

smg

Registered Users (C)
Hello,

I am writing on behalf of my friend who does not have internet access. He\'s on H1-B and recently got
married and his wife is on multiple entry H-4. He has already gone through his I-140 and will be filing
for I-485 soon. Unfortunately, he\'s going through a very bad marriage; his wife harasses him almost every
day and things have gone beyond his control that he\'s considering to send her back to India and probably
file for a separation/divorce. There are couple of questions based on this and I would greatly appreciate if you
could answer them at the earliest.

1) Since his wife got H-4 through him, what does he need to do to cancel his affidavit of support for her?

2) Can he just send her back to India and then file for I-485 just for himself? Is that legally allowed? If so,
will she be able to enter US legally? What are the consequences? My understanding is that once you apply for I-485,
your H-1B is no longer valid and hence, H-4 is no longer valid in which case, she cannot re-enter US.

3) If INS requires that he has to apply for her I-485 too, can she still go to India once he has applied for that?
Would she need to apply for parole in order to leave US?

4) If so, can he get her I-485 cancelled oncen he files for separation/divorce or does INS need to have the final
divorce verdict in order to cancel her I-485?

Thanks in advance.
 
File for the dissolution of marriage immediately

1. When u file for I-485 u have to add an affidavit of support for all the dependants (H4). So don\'t attach the AOS while filing 485.
2. If she goes back to India, your friend\'s marital status will be still married and in case she does not come back; legally he will remain married causing futher future problems. So better he files the divorce over here before she leaves US. H1 is tied to H4 via marriage and remains so until your friend the divorce decree from the court. So she can use H4 till the time he is legally divorced. Once he gets the divorce decree; he can inform INS about it and INS may update records. And then subsequently at the port of her entry; if the officer sees that she is divorced and is trying to enter US on H4; she is in deep trouble.
3. No, INS does not force u file 485 for wife.
4. H4 becomes null & void, theoretically at the time of final divorce decree. And from that date onwards her stay in US is "Out Of Status"
 
No Title

My friend is also in the same boat(except his wife in H1).He wants to know if he filed I485 for him and his wife but later sparation or divoiced in near future.Actually he wants to help his wife getting GC but does not want to live with her any long.
1.He and his wife will get I485 approval or not?How will it affect the approval?
2.If they got interview,do they need to tell INS at that time if they are in the process or sparation or divoiced is done?
Thanks all in advance!
 
No Title

SMG, In your case, you are under no obligation to file 485 for your wife but her H4 is valid till you get a divorce. You can go ahead and file for your 485 alone and there would be no problem for you. If your marriage was conducted outside, there may be some legal glitches in applying for a divorce in the US since you would come under some International Amnesty rules that apply to marriages outside US. I am not sure of the same but I have heard of the same since I was a assistant for a attorney for a short time. You should consult a good attorney.

In case you have decided that you do not want to live with your wife but would like to wait some more time, then file for your 485. Once your 485 is approved, your wife\'s H4 is automatically null and void since you are no more a H1. She has to leave the US unless you file 485 for her with your affidavit of support or She changes her status to something else like F1 or H1.

My two cents. I am not a attorney and this is not legal advice.
 
No Title

Tan_suo,

As far as your query goes, your friend may be good hearted but he should also look at his own future. If he applied for his wife as a dependant knowing pretty well that they do not intend to live together, he is putting his GC in serious trouble. If he applied for GC for him and wife, he will get the same now but in the future when he applies for citizenship, they may question his intent and he may be well deported cause he has committed a fraud by helping his wife knowing pretty well that he is not going to live with her. Since SHe is on H1, She can as well get her own GC.

In fact, his wife herself may turn around after they get GC and tell that he obtained the GC for her knowing pretty well that they are going to divorce. If She proves the same, he will lose his GC since he committed fraud. When emotions take over reasoning, human mind can act crazy. Advice your friend to safeguard his position.

My two cents
 
File for I-485 without her!

My suggestion is : File for I-485 for a wife who will cause you a lot of trouble is looking for
long delays.

Just file for yourself. If she is nice to you later, then you can file I-485 for her after you got your
approval.
 
I second that

PLEASE DO NOT FILE HER 485. ELSE SHE WILL MOST LIKELY GET HER GC, AND STAY AND FIGHT YOU TO DEATH AND TAKE HALF YR MONEY, HALF YR HOUSE AND HALF OF YOUR SOUL. NIP THIS PROBLEM IN THE BUD AND DO NOT FILE FOR HER 485 !!!!!!!!!!!!!
 
My friend\'s attorney is indifferent and tells him a different story!!

Thanks for your reply. My friend had talked to his attorney (an old white lady) but she immediately took offense and started warning him of wife abuse and what not and said that it would be unethical for him to do so and that they may not process his GC on ethical grounds!! My friend was completely taken back and was upset because it is the other way around in his case (Unfortunately, all the sympathy seems to go to ladies by default). She insisted that he has to apply for I-485 together with his wife which I think is absurd!! Another unfortunate thing is that he cannot change attorneys because she is the company\'s designated one!! Any suggestions would be welcome.

Thanks
 
Get tougher & stronger

This is ur friends personal matter. And the attorney can\'t interfere about his personal decision i.e divorce etc. Just like we encounter bad guys similiar is the probability of bad gals. It\'s your friend who is suffering and not the attorney. Your friend can get the restraining order against his spouse from the court; then he will legal proof of continuos torture suffered by him. Ladies get sympathies from both the genders & our legal/police system is also relaxed towards ladies when the case of domestic violence occurs. Your friend has to do a lot of extra hard work to get rid of this mess.
 
No Title

Hi,

I agree with Jagajivanram. DO not file 485 for your wife and then loose everything you have. Though I am from the opposite sex, please be careful or your life will be in ruins. Divorce and settlements laws are different in US and favour females as compared to males. So please be careful and fire your attorney. Get a new attorney. Spend for the attorney from your hand. It is better to loose a few thousands than loose your whole life. All the best
 
No Title

Thanks guys,
I told him what you advice and suggestions.But it seems that he can not help her even if she hurted him a lot.His attoney told him she can get GC even if there are divoiced now or later when their I485 is in processing(that\'s called marrage beneficnery) and it no any problem for them both.Is this true?Thanks again for helping!
 
How to withdraw multiple H4?

Thanks friends.... His wife is going to India without his consent/approval and the tickets have already been purchased by her Dad. He verbally attacked him & his parents saying that he wants to take away his daughter as he is worried about her safety & thinks something has happened to her; he wants to counsel her and bring her back within 1 month. Can my friend get her multiple H4 cancelled/revoked and withdraw his AOS because she\'s going back against his consent?
 
DON\'T BE STUPID! GET HER OUT OF LIFE NOW

1. DO NOT FILE THE 485 FOR HER. PERIOD.
2. WRITE TO INS SAYING YOU ARE WITHDRAWING ALL FINANCIAL SUPPORT

THE ONLY WAY TO GET HER H4 CANCELLED IS TO CHANGE YOUR EMPLOYER SO YOU HAVE A NEW H1. OR QUICKLY FILE YOUR 485. ONCE YOUR 485 IS APPROVED YOU ARE NO LONGER ON AN H1 AND SO HER H4 HAS NO BASIS ANY LONGER. BUT FOR GODS SAKE DO NOT FILE HER 485. THE ATTORNEY IS BS***ING. CONSULT ANOTHER ATTORNEY RIGHT AWAY. TRUST ME, I AM IN THE MIDDLE OF DIVORCE PROCEEDINGS AND THE COURTS ARE ONLY WILLING TO BELIEVE THE WOMAN\'S POINT OF VIEW.
 
No Title

My friend consulted another attorney yesterday and was told that he can get GC and citenship anyway and his wife may or may not even if he files both I485,which depends on how he acts.If he sends dirvoiced cerficate to INS during processing period and only he can get GC but not she and both can get if after both I485 pproval.It has no effects to his GC and citenship no such fraud etc.The only problem is that he did not send to INS even they are dirvoiced which will lead fraud.Any comments??Thanksin advance
 
Jut send INS a letter, thats all

Send INS a letter that you want to withdraw the support document from her file.
That will take care of everything. Even if 485 is approved before they get your letter. They will still act when they do get your letter, as your letter was sent before the approval.
There is no need for any divorce certificate. It was entirely up to you to file her support document and it is again your choice to withdraw it. Divorce doesn\'t come into picture here at all.
 
No Title

Sanjig,
Thanks first!I will tell my friend later.What you said is somewhat different from he got from another attorney.
The point is that he does not want to hurt his wife by not applying GC for her but does not want to live together any longer.What\'s the solution?This would bring some trouble for him or risk later in applying citenship(some guy warn about this before)?Any advice will be appreciated!
 
Thanks folks

Thanks for your input. My friend will be consulting a divorce attorney for information. The only problem is that his wife intends to come back within a month in which case there\'s nothing to stop her!! Or what if she changes her mind and does not even go to India? It sure is a very trying period for him. My friend intends to apply for his I-485 immediately after she leaves because she\'s very clever and always keeps tab on him!! God help him!!
 
Divorce and 485

Hi
I am from India and recently filed 485. My wife came on H4 and is presently on H1. We both are separated for a while, and I am planning on filing for divorce here in the US. Will I be able to obtain a divorce in US, as we were married in India? Is divorce issued in US legitimate in India?

I understand, after reading these positngs, that there are some Indians who are going through the ordeal of Immigration and divorce at the same time. It\'s very unfortunate, but these happens in ones life, probably for the better. Please respond with information you know.

Thanks

ntb2
 
To NeedHelp99:

No need for your advice on putting marriage to work. I think people here are mature enough to decide whats better for their future. If you have any direct response to the questions, do so... otherwise backoff!!!!!

This is not the place to show your aversion towards people going through divorce.....
 
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