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  #1 (permalink)  
Old 10-31-2009, 11:06 PM
Member
Priority Date
:
Jul-06
Category
:
EB3
I140 Mailed Date
:
08/01/2005
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:
Afghanistan
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:
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I485 Mailed Date
:
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Join Date: Feb 2008
Posts: 26
herns is infamous around these parts herns is infamous around these parts
Default I-485 Pending & Wife files divorced
Me & my wife is under employment authorization--I-485 pending Status. I lost my H1B after I got laid off last February, early this year. Before that, I am H1B holder and my wife is an H4, dependent visa.

My question is, what happen if my wife file a divorced with me? Happen to her status? If I choose to retain her "I-485 Pending Status? can I still do that?

Thanks!
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  #2 (permalink)  
Old 11-01-2009, 01:37 AM
Senior Member
Priority Date
:
Dec-02
Category
:
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I140 Mailed Date
:
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:
India
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:
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:
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number30 will become famous soon enough number30 will become famous soon enough
Default
Quote:
Originally Posted by herns View Post
Me & my wife is under employment authorization--I-485 pending Status. I lost my H1B after I got laid off last February, early this year. Before that, I am H1B holder and my wife is an H4, dependent visa.

My question is, what happen if my wife file a cwith me? Happen to her status? If I choose to retain her "I-485 Pending Status? can I still do that?

Thanks!
Once the divorce is final she is no more eligiable to get I-485 approval. Even if she gets it can constitute a fraud.
If you want to get her GC your divorce has to wait until she gets her green card approval.
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  #3 (permalink)  
Old 11-01-2009, 04:36 AM
Member
Priority Date
:
Jul-06
Category
:
EB3
I140 Mailed Date
:
08/01/2005
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:
Afghanistan
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Feb 2008
Posts: 26
herns is infamous around these parts herns is infamous around these parts
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Originally Posted by number30 View Post
Once the divorce is final she is no more eligiable to get I-485 approval. Even if she gets it can constitute a fraud.
If you want to get her GC your divorce has to wait until she gets her green card approval.


Alright.

So, what are the things I need to do after the divorced had been served? Should I tell USCIS about the changed of my marital status? Should I tell them to cancel my wife's I-485?

Thank you for taking time to reply on my questions.
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  #4 (permalink)  
Old 11-01-2009, 11:55 AM
Senior Member
Priority Date
:
Dec-02
Category
:
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I140 Mailed Date
:
05/28/2003
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Mar 2009
Posts: 236
Blog Entries: 1
number30 will become famous soon enough number30 will become famous soon enough
Default
Quote:
Originally Posted by herns View Post
Alright.

So, what are the things I need to do after the divorced had been served? Should I tell USCIS about the changed of my marital status? Should I tell them to cancel my wife's I-485?

Thank you for taking time to reply on my questions.
Just send the letter along with copy of court order to the USCIS. Also if possible go to local office and let them know about divorce. You cannot cancel her I-485 because it is her application. This is just to save your base as it is upto USCIS or your wife to take the action.
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  #5 (permalink)  
Old 11-03-2009, 02:56 AM
Senior Member
Priority Date
:
Jul-06
Category
:
EB2
I140 Mailed Date
:
08/01/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/10/2007
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Default
Quote:
Originally Posted by herns View Post
Me & my wife is under employment authorization--I-485 pending Status. I lost my H1B after I got laid off last February, early this year. Before that, I am H1B holder and my wife is an H4, dependent visa.

My question is, what happen if my wife file a divorced with me? Happen to her status? If I choose to retain her "I-485 Pending Status? can I still do that?

Thanks!
read these:
MurthyDotCom : Murthy Law Firm Obtains I-485 for Spouse Legally Separated
FAQ - Divorce and Immigration
Divorce prior to permanent residence being conferred

what is your priority date? If you are close to being current or are current, then try to see if you can delay the actual serving up of the divorce, thats the only way you can keep her -485 pending status around.
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