Spouse\'s status? Husband GC approved, spouse I485 withdrawn

J

JC Penny

Registered Users (C)
I am in the middle of bitter divorce procedings with spouse. Got her I-485 cancelled, but she continues to stay on in the US because of the H4. But I just got my I-485 approved and passport stamped with my Green Card. Obviously, I don\'t need, and am not, on an H1 any more. Question is, is the spouse\'s H4 valid any longer now that I am not on an H1? Is it time for missy to catch the first flight back home?

Pls....no sermons on the divorce issue...Thanks for any helpful information.
 
how could you cancel her I-485, I need the same info?

Can you explain me the steps for canceling her I-485? Thanks in advance.
 
H4?

Is it likely that she has moved on and applied for a H1 or some other visa ? That would severe dependence on your magnanimity.
 
Can\'t Withdraw the I-485

The I-485 is the only stage in the Green Card process where beneficary is also the petitioner. Remember how the INS wouldn\'t talk to you during the I-140 stage because you weren\'t the petitioner?

Well, you cannot cancel your wife\'s I-485, since you have no standing to the action. So long as you remain the beneficiary of an approved I-140 and remain her spouse, she can continue with the I-485.

Your only choices to cancel her I-485 are to either a) get your employer to withdraw your I-140, or b) get a final divorce judgment.
 
she is is probably out of status

Well, if your I-485 was approuved it mean that you are no longer on a H1, so your ex-wife-to-be H4 is no longer valid. Usually this is not a problem because when the I-485 is filled your status of ajustee is maintain until the INS rule on your case. If the I-485 has been withdraw it means that she is no longer in "ajustemnt of status".

I will be surprise if the "prime appliant" does not a word to say about the I-485 of his/her spouse. In order for ther I-485 to proceed the prime appliant have to sign a "affidavid of support". Maybe the pricipal appliant can\'t widraw the I-485 (because he does not own it) but maybe he can withdraw the affidavid of support
 
Does INS not consider consent of primary ?

Clearly, the primary needs to say which dependent they are willing to sponsor, and if they change their mind and let the INS know - then there is no consent from the primnary\'s side for support since it is now withdrawn. If it were possible for a dependent to get an I485 approval without the primary\'s consent, then they could be filing it on their own !! Who needs a primary in that case!

Now that the spouse\'s 485 is cancelled, she could go back to the INS and ask to to re-process the application, but would the INS do that? Or would they ask her to re-apply with the consent of the primary?
 
Hi, does Blue Signature Card needed when apply EAD in the local INS office?

Hi, since my H1 will expire soon. I am on the I-485 stage. I am going to go to the local INS office to get EAD card. I have two questions:
1. Can I get the EAD the same day when I apply them? ( Seattle area)
2. Does Blue Signature Card is needed and what is the fastest way to get them?
Any reply will be greatly appreciate!
 
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