Can I interfere with an unfair pending derivative I485?
To anyone who can help me with advice,
I am a primary employment-based AOS applicant, (hopefully) approaching my approval. I've been married for 4 years, but my wife stopped living with me 2 years ago (unofficially separated). By now our marriage has completely degraded solely into her using me for a derivative AOS.
Recently, I filed for an uncontested divorce, based on 18-month separation. However, she hired a lawyer and using loopholes turned this filing into a contested one, with an intention of dragging this case for another year so that she can get her GC. I had to respond to this on-going nightmare by hiring a family attorney, which is very expensive and time consuming.
I find this extremely unfair, in addition to apparently being illegal. So, I've sent a few letters (to which I never got any response) - first to VSC, and after the transfer, also to Philadelphia USCIS, explaining the situation and requesting to withdraw/cancel the spouse's derivative application, because our bona-fide marital relationship ceased to exist long time ago.
Here are my questions:
1. Does my complaint warrant for her I485 being revoked or not approved?
2. Are (unanswered) letters to USCIS a proper mechanism to achieve justice in this case? Are there any other venues to prevent this abuse?
3. Since "USCIS = one big mess", if her GC is approved, can it be revoked based on an official divorce a few months later?
4. Any other suggestions on what I should do?
Thank you in advance for all your help,
RNJ
P.S. I don't provide all personal details here, but trust me it was absolutely devastating to realize at one point that all premarital promises were a part of manipulation in order to relocate and settle in the US.
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Concurrent I140/I485 EB2
RD: 3/18/03
FP1-RD: 2/18/04
140-AD: 3/25/04
TD: 10/26/04 (my485: VSC->Nwrk; spouse485: VSC->Philadelphia)
11/10/04: Complaint letter to Philadelphia
Current Status: waiting for interview, name check not cleared