pending i 485 and divorce...

S

shawnkhan

Registered Users (C)
i have question about my friend ..if anybody can help him...
he came on F 1 in 2001 and got married with USC in dec 2004..applied for 130, 485, 765, 131..now its july 2005..he has work permit and all other things r in waiting in NYC...now question is dat..they r having problem and might go to divorce...what will be his future? what will he have options?> what he can do if divorce happens..to day in usa...? plz help him...he is very much upset..
 
nothing. If he gets divorced before he gets his GC, he has to leave the States, because he won't have a status any more. His ability to get F-1 status is hindered by his immigrant intent. His only option is to find a new USC wife, win a lottery and adjust before the divorce, or get a work visa before the divorce.
 
hmm...how long he can stay after divorce done.. i mean i heard u have to leave united states with in 180 days...is it rite? and does he can come again on student or vist visa in usa?
 
if he stays illegally past 180 days but less than a year, he will be banned from coming back to the States on any visa for three years. If he overstays by more than a year - a ban for 10 years.

He will most likely never get a non-immigrant visa ever again, since he demonstrated immigrant intent by applying for a GC.
 
Lucymo u dont understadn wat i wanna ask.. i wanna ask how long he can stay after divorce...180 days..??? or just one day?? i mean after 180 days he become an illegel or right after divorce he become an illegel????
 
shawnkhan said:
Lucymo u dont understadn wat i wanna ask.. i wanna ask how long he can stay after divorce...180 days..??? or just one day?? i mean after 180 days he become an illegel or right after divorce he become an illegel????
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He can stay as long as I-485 is pending.
 
can h1 b help him?

just out of curosity i wanna ask if h1 b visa at this time help the person involved ,as h1 b does have the immigration intent???
secondly what is his status as of now?? does work permit corresponds to h1 b???once on h1 b can't he file another gc application thru other means like employer?
 
shawnkhan said:
Lucymo u dont understadn wat i wanna ask.. i wanna ask how long he can stay after divorce...180 days..??? or just one day?? i mean after 180 days he become an illegel or right after divorce he become an illegel????
Click to expand...
He becomes illegal the day his application is denied. It depends on his wife as to when she calls the USCIS and informs them about the divorce. If she never calls, he is "in-status" based on pending AOS. Ofcourse this will only help him until his interview date and then he will receive an automatic denial. He will receive a denial notice as well as deportation notice once his application is denied. The notices will have the time he has to leave the country. If he stays beyond that time, he is illegal. If he stays over 180 days from that time, he will have a 3 or 10 year bar put against him.

Vineetgsvm,

H1-B will certainly help him but after 9/11, its almost impossible to change visas within US. You have to apply from your home country.
 
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