Modify immigration petition after divorce

[ashrock11]

Hi,

Just wanted to know how should one modify the immigration petition again after divorce and second marriage. Can the second wife name be added to 485 immediately or wait for the PD to become current? And how about EAD?

Thanks

[dealsnet]

No one can file I-485 without the PD for that person is current in the visa bulletin.
You can replace your previous wife with a new wife at home, not with USCIS. !!!!!!!!!

Originally Posted by ashrock11

Hi,

Just wanted to know how should one modify the immigration petition again after divorce and second marriage. Can the second wife name be added to 485 immediately or wait for the PD to become current? And how about EAD?

Thanks

[Ann Ruben]

Unfortunately, your new wife cannot file the I-485 until your PD becomes current. Because she cannot file her I-485, she will not be entitled to an EAD based on having a pending I-485. If your new wife's country of birth is not the same as yours, you both may benefit from quota cross-chargeability rules.

[ashrock11]

Thank you.

[madan]

Can some body help with the below Questions?

1 . After getting Divorce in USA do we need to update the INS(is it Mandatory) to take away the wife from my Green card Process?
2. Planning to get remarried in India , while sending my new wife for H4 stamping , Is divorce doc alone is sufficient and if do not update the INS on my divorce , while my new wife goes to H4 stamping will that take care of evrything?

Please reply

thanks

[sunny1000]

Originally Posted by madan

Can some body help with the below Questions?

1 . After getting Divorce in USA do we need to update the INS(is it Mandatory) to take away the wife from my Green card Process?
2. Planning to get remarried in India , while sending my new wife for H4 stamping , Is divorce doc alone is sufficient and if do not update the INS on my divorce , while my new wife goes to H4 stamping will that take care of evrything?

Please reply

thanks

It is necessary to update USCIS on your divorce so that you can add your new wife to the GC process.

[madan]

Thank you so much...

What is the H4 Process for new wife? will she be given the H4 Visa with no issues in us consulates in India???

[ashrock11]

Same as the H4 process for the first wife. Just carry all the papers with Divorce certificate.

[ashrock11]

Originally Posted by aruben@srrlaw.us

Unfortunately, your new wife cannot file the I-485 until your PD becomes current. Because she cannot file her I-485, she will not be entitled to an EAD based on having a pending I-485. If your new wife's country of birth is not the same as yours, you both may benefit from quota cross-chargeability rules.

Say if the PD is current, what is the process to file papers for the second wife.?

And as mentioned above is it necessary to inform USCIS about divorce. If yes, how?

Thanks

[madan]

Thank You...

If my new wife arrives to US on H4 , can i start using EAD? Is this possible for me to be on EAD and my Wife on H4? Please advise.

[140jibjab]

When you apply for H4 for the new wife. Make sure you take the follwoing:

1. Divorce Decree.
2. New Marraige registration(India Marraige Registration). Take the Marraige certificate and the Copy of the Application(Application you provide at the local authority to get your new marraige registered). Also make sure you Check the Divorced in the application. US consulate wants to make sure you have given the right info to the Local authorities).
3. Based on your H1, your new wife will get her H4 stamped.(been through it so it works like a charm).

All the best

Originally Posted by madan

Thank you so much...

What is the H4 Process for new wife? will she be given the H4 Visa with no issues in us consulates in India???

[140jibjab]

Please be adviced If your wife is on H4 you cannot use your EAD.
The day you use ur EAD your wife will be out of Status.

If she becomes out of status, you will not be able to add her to your I485 application when the dates become current.

Originally Posted by madan

Thank You...

If my new wife arrives to US on H4 , can i start using EAD? Is this possible for me to be on EAD and my Wife on H4? Please advise.

[madan]

Thanks So much for the Answers.

Can you please answer one more Question?

I m not updating the INS regarding the Divorce, when my new wife attaends the H4, she would show the Divorce and Remarried certficate to the Consulate is that good enough so that they would take care of evrything?

Thank you again

[140jibjab]

You wil need to Update your Biographic information(there is a form # for it) for your I485 application. It is not mandatory. But is adviced to do so. Why are you hesitating to update your I485 to drop your spouse?

US consulate in India will not have the information regarding I485.

Originally Posted by madan

Thanks So much for the Answers.

Can you please answer one more Question?

I m not updating the INS regarding the Divorce, when my new wife attaends the H4, she would show the Divorce and Remarried certficate to the Consulate is that good enough so that they would take care of evrything?

Thank you again

[madan]

Can you please help me to get the form .

Can i complete that and send to USCIS?

Thank You...