What evidence does INS need to cancel I-485?

[shivnath]

Divorce case - What evidence does INS need to cancel I-485?

Situation: I-485 has been filed for myself and my spouse. Expecting EAD any day. For me, based on employment through H-1 and labor cert process. For my spouse, based on marriage to me.

I have also filed for divorce - within a month of filing the I-485, but the divorce is not final.

In order to cancel my spouse's I-485, is it...

(a) Enough for the INS to see a copy of my divorce filing with the Supreme Court and a letter stating that I wish to withdraw support for my spouse's I-485 application? OR...

(b) ...does the INS need to see the FINAL divorce judgement saying divorce HAS been grantED?

Separately, my immigration lawyer has advised me it is probably safer to write to the INS about the divorce because I filed for divorce within 1 month after filing for the I-485 for both of us, so it may look like fraud to the INS.

Your comments on (a) vs. (b) please. PLEASE, NO LECTURES ON MY DECISION TO CANCEL SPOUSE'S GC.

Thank you.

 

[VivaLasVegas]

Re: Divorce case - What evidence does INS need to cancel I-485?

Call U.S. Immigration on : 1-800-375-5283

or Visit the Immigration and Naturalization Service web site

 

[detroitimmi]

This is my 2 cents:
If you want your derivative's I 485 application to be cancelled, then INs has to receive final divorce documents on hand before they cancel it. You can't just hope to cancel by "writing" a letter of intent to INs. Once again, to the best of my knowledge, the final divorce decree has to be on hand.
If your spouse's gc gets approved before the divorce is granted then you can't do anything to cancel gc application.
hope that helps.