Please take a minute to read my query...you might be able to help me...

M

Malavika

Registered Users (C)
Hello,

My husband wants to file for a divorce as soon as we get our GreenCard approval and our passports have been stamped. He does not want to wait till the plastic card arrives. Can you tell me if this would have any negative implications on my permanent resident status? Also, what would happen if my husband were to destroy my plastic card without mailing it to me.
I would appreciate any inputs regarding my problem and if there is anything else I need to know. It is not a question of living in USA or returning to India, wherever I am I just want to know what lies ahead of me so I can be better prepared to cope with the remainder of my life.

Thank you
 
MAlavika,

you can request an address change after you get your green card stamped.

if you do get divorced after the I485 approval you can always request an address change so that all the mail sent to you on that address can be sent to your new one..

If ur husband destroys your plastic card you can ask INS to give you another one.. Not a big deal

Sachin
 
If your husband destroys your card, he would be commiting some kind of crime, because a green card is a Federal document.
 
Malavika,
As long as you get divorced after your passport gets stamped you are secure and fine.
The plastic card is not a big issue--the stamp on your passport is. Incase you divorce and live separately after your passport is stamped just file the change of address form with bcis, and call them as follow up to ensure they have your new address on file. You can use a new address or a c/o address.
As somebody just observed here, it's a federal crime to tamper with federal documents such as plastic card. If your husband does that, so much the better for him--he will be arrested! you won't lose anything. If your husband confiscates your passport--same fate will befall him. If people are stupid enough to do such things it should be their problem, not yours.
 
Thank you all for taking time to reply.
I feel a little relieved now although am a bit anxious about what other hurdles lie ahead. Is there an easy way to save these postings for future reference?

Thanks once again!
 
There shouldn't be any green card related hurdles, maybe hurdles on a personal level. But do make sure that your spouse doesn't start divorce proceedings before you get your approval and pspt stamped. Is he the primary and are you the derivative? Is there a chance that he could get his approval before your's? You could find these things out. Also, ensure that you are in touch with your immi attorney. You should check your status online frequently. Make sure that you get your approval notice--the courtest copy when it arrives in mail. In total make sure you have copies of all the important documents related to your I 485. Hope that helps. If you need further help let me know and I can forward you a private email.
 
Thank you DetroitImmi. I would like to talk further regarding your suggestions. Is there a way I can get your email address?
 
Help regarding Dependent 485 (divorce not final yet)

A friend of mine is in a similar situation.

You mentioned:But do make sure that your spouse doesn't start divorce proceedings before you get your approval and pspt stamped. - Will it be a problem if div proceedings started? Should she put some hurdles in the process JUSt to delay?

You mentioned: Is he the primary and are you the derivative? Is there a chance that he could get his approval before your's? - He is the primary & she (my friend) is dependent/derivative, Hence he applied for her 130, Affidavit of support for her 485 AOS while she was on H4; He might get his approval earlier than hers

You mentioned:If you need further help let me know and I can forward you a private email. - I can have my friend contact your e-mail if it is okay with you.

Thanks a lot in advance for your responses.
 
Yes, the only way in which your friend who is a derivative can have her I 485 application cancelled is if her husband files for divorce and gets the divorce decree on hand. If your friend can hire a good divorce lawyer and delay that process then she can manage to get more time. Otherwise if she gets her passport stamped before the divorce is finalized then she should be safe. But it seems that her husband will act fast, doesn't it. so, it's best to hire a divorce lawyer now.
 
Thanks detroitimmi - but more questions...

Thanks for the response. But, what I heard from other threads is -it doesn't matter how long the divorce case is going to take, BCIS will keep the case in pending or will generate RFE's if her husband intimates BCIS of the proceedings- which means they might ask for further proofs from my friend about her marital status with that "guy".... not sure what is going to happen then.

Since the marriage only lasted for 9months, they might be suspicious of her too!!!! they might even ask "if you are not going to be a dependent/ derivative, why do you need GC based on his employment based GC?"

Do you know of any other women that went thru this 'trauma' before and still got their GC?

thanks
 
groovy,
yes I know plenty of women who have gone through this trauma. I am a law professor and I have worked with cases where (mostly) the husband has filed divorce proceedings to spite the derivative/dependent, while the spouse (mostly wives) have been abused and have had no idea of their rights, and also have had poor language skills. These cases are mostly marriages involving US citizens and a few of them have been with non US citizens. This is a murky world if people care to look at the situation closely.

But if the husband tells BCIS BEFORE your friend's case is adjudicated, then your friend's case can get complicated. This is after all a very specific domestic situation we are talking about and details vary from situation to situation. But the key for your friend is to ensure that the husband does not file for divorce and get an easy divorce. She can self-petition if she proves abuse--is she documenting? She needs to have a lawyer--both an immi and a divorce lawyer. How close is she to getting her I 485 adjudicated, and I think the 9 month marriage is indeed a bit too short and can arouse "suspicion." Worse still, BCIS may transfer her case to a local office--because of the short marriage period before the adjustment of status filing--and then she may have to show up for an interview. In case that happens, the primari's presence during the interview is absolutely essential. It would be great if her case is approved by Nebraska instead of by local office.
Please ask your friend to email me privately at lawyeratlarge@yahoo.com
 
detroitimmi - thank you, Yes there are two sides to the coin

I agree with you. It is murky if you look close. While some of these cases could be genuinely VAWA worthy, it is VERY scary to see that some women are exploiting these laws mercilessly. I know of a social worker in Dallas/Plano (TX) that does nothing but stoke up women to wrongfully exploit such situations. Her name appreared big time in "India Abroad" in 1998 & was chided by the community, but she DOESN'T change. She claims to have 600+ such clientele in US (currently).

One can't be a champion for one side of the cause all the time. We will leave it to the individual's discretion to be honest in what ever they do/say...
I am hoping my friend is truthful to me - in whatever she mentioned so far.
I will have my friend e-mail you. thanks again..
 
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