Please help me
- Thread starter mlk2009
- Start date
Yes, he can revoke if the 485 is still pending.
If you are suffering from physical abuse from you spouse, you can report to proper local authorities. And you may be able to seek help from charitable organizations who help battered spouses.
Al Southner
Registered Users (C)
Mlk2009
You husband is an butthead... Tell him to behave himself and stop this emotional abuse.
Threatening you with withdrawing your GC application is bad and maybe you should not give him sex for weeks, till he explode and apologize.. 
Danny Crane.
Spousal abuse can be both ways. I would NOT categorically accuse her husband without knowing all the facts. There are always two sides to the story especially in a marriage.Mlk2009
You husband is an butthead... Tell him to behave himself and stop this emotional abuse.
Danny Crane.
Ahhh It's a common fight among Indian couples (I am assuming you & your husband are from India). You need to sit with him and discuss the money issues may be take him to counseling or something.
As far as immigration goes, if your husband's 485 is still pending he has the choice to delete/add dependent beneficiaries to his primary application. If he does delete you from his application, at that point you will be "Out of Status" and NOT "illegal" and you can try to change your status to H1 by filing the petition on your own by asking your employer to do it for you.
TheRealCanadian
Volunteer Moderator
No, he doesn't. A derivative beneficiary's application is completely independent and based on the family relationship, not the choice of the primary applicant.
If he wants to cancel the wife's GC, he needs to divorce her. Depending on the state that may expose him to division of marital property and continuing support arrangements.
I understand that the derivative app is independent. But the primary can report the family status change if gets divorced or in the process of divorcing and jeopardize the 485 for her.
I donot think it is accurate to say that in the Employment Based immigration cases a derivative is independent. The derivative beneficiary's is at the sole discretion of the primary beneficiary's in Employment based greencard cases and may or maynot be included in the 485 Application.
This seems to be a family money matter by a disgruntled spouse which is common across america. I would pose the question that if the husband is making good money , would he not have the option to pay for his parent's care. After all it was the parent's who have taken care of the hubby for a long time.
TheRealCanadian
Volunteer Moderator
There's no such thing as "including in the I-485" application. The primary and derivative beneficiaries each file a separate I-485.
In the employment based I-485 cases , the spouse and children are added to the primary beneficiary's 485 Application. No separate 485 application is required. In the 485 Application where you are required to enter spouse , children information , there is a check box called " applying with you" . When this check box is checked , only in employment based cases no separate I-485 application is required.
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TheRealCanadian
Volunteer Moderator
Completely incorrect, I can assure you from first-hand experience.
Jackolantern
Registered Users (C)
Not exactly. The husband only has two options to revoke his wife's I-485: (1) Revoke his own I-485, or (2) Get divorced. As long as they're still married and the husband's I-485 is pending or approved, the wife's I-485 will continue whether the husband likes it or not (assuming the wife follows her own requirements of keeping her I-485 alive, such as not leaving the US without Advance Parole).
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Al Southner
Registered Users (C)
Why do you assume they are from India? Couples fight all the time, be the issues of money, sex, communication or stress.