Pending I485 and wife wants a divorce

[sadhwani1]

Hey,
I have a Pending AOS under the EB3 Category, my wife is also in the same procedure but under the H4 visa. She now wants a Divorce, where would that place her, as far as her status is concerend. Any Ideas!!

 

[fromnaija]

Hey,
I have a Pending AOS under the EB3 Category, my wife is also in the same procedure but under the H4 visa. She now wants a Divorce, where would that place her, as far as her status is concerend. Any Ideas!!

If you are the primary beneficiary of your pending AOS, she will become out-of-status and start to accumulate illegal presence on your divorce becoming final.

 

[ginnu]

If you are the primary beneficiary of your pending AOS, she will become out-of-status
--------------She will not become out of status if her derivative I-485 is also pending. She cant get GC if she gets Divorce before I-485 approval and you inform the USCIS that she is nomore your spouse and send the evidence of Divorce .

and start to accumulate illegal presence on your divorce becoming final.

-----------------------------

 

[belacut]

If you are the primary beneficiary of your pending AOS, she will become out-of-status and start to accumulate illegal presence on your divorce becoming final.

I don't believe so..... and i suppose she can carry on her i485 as long as she can proof her marriage (or ex-marriage) to you is legal and "real".

 

[randy_gc]

sometimes USCIS gives GC to her too, even after divorce ...

 

[Bystander6]

sometimes USCIS gives GC to her too, even after divorce ...

Yes, there is an immigration regulation to protect battered wife even after divorce. If she is in that situation, it would be much easier to get GC after divorce.

 

[Jackolantern]

Under normal circumstances (i.e. no battered wife or such scenarios) she must be married to the primary beneficiary at the time of GC approval, in order to legitimately acquire permanent resident status. If she divorces you before her I-485 is approved, she has to leave the US unless she can qualify for her own H1/O1/etc. visa.

 

[eventually]

talk about timing ..