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rekhadh
05-02-2009, 05:17 PM
I came to this country after marriage 8 years before. I was on H4 visa . My husband applied for I-485 in july fiasco . I got EAD & working as an IT tester for the past 16 months.

Our relation had problems all the time recently only I know that he has a relationship with his colleague .They started living together. she is an american so he doesnt want I-485 GC & will cancel the I-485 application.
We are living separate now & filed for divorce.
What will happen to my I-485 status will it be revoked . I applied for I-485 as a dependant.

I have 1 more year EAD .
what will happen to status does my I-485 depends on my husbands I-485 .

Pls advice me regarding this issue

hpandey
05-02-2009, 06:23 PM
Your situation is really sad. Unfortulately it is true that if he withdraws the I-485 petition then your petition will also be automatically denied\withdrawn since it is a derivative of his petition.

Please consult a lawyer - and a good lawyer at that since this is a complicated case . I have known of an instance in which a lady got her GC even though the husband who was the primary died while the case was still under process. She argued through the court on humanitarian grounds that if the normal processing time was used then she would have had the GC - something like that . But this is a very rare thing to happen . That's why consulting a lawyer would be the best thing.

Sreeshankar
05-02-2009, 07:35 PM
I came to this country after marriage 8 years before. I was on H4 visa . My husband applied for I-485 in july fiasco . I got EAD & working as an IT tester for the past 16 months.

Our relation had problems all the time recently only I know that he has a relationship with his colleague .They started living together. she is an american so he doesnt want I-485 GC & will cancel the I-485 application.
We are living separate now & filed for divorce.
What will happen to my I-485 status will it be revoked . I applied for I-485 as a dependant.

I have 1 more year EAD .
what will happen to status does my I-485 depends on my husbands I-485 .

Pls advice me regarding this issue

It is rare to be blessed with a balanced emotional maturity to accept things gracefully, even though it may be tearing apart the heart and soul, and yet have a mental capacity and strength of character to move on with faith. Great Soul, that you are. Now coming to the I 485, even though he is living with an American, he cannot marry until the divorce proceedings are completed, may be this could get you some time relief. Since you have taken a very matured, yet " let others live on their liking" view and not out to seek revenge, it is also a very good possibility to negotiate with him. I am sure the Heavens would keep something more loving and affectionate for you, who has an angelic quality of being able to forgive. Consult a good attorney and most importantly your family members and elders and friends. Hope something works out in the best way for you. Best Wishes and Prayers.
I forgot to add this uscis link regarding possibility of new H1 filing independently, I remembered it, when I saw the quote from mmanurker below. not sure if you can refile a new H1 immediately. If so file it on premium processing. If you are in DC/MD/VA area, there are some nice kind very human circumstances -understanding lawyers. Check with a good attorney and your employer too.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=6a7619857b7e0210VgnVCM1000004718190aRCR D&vgnextchannel=b56db6f2cae63110VgnVCM1000004718190a RCRD

mmanurker
05-02-2009, 07:51 PM
Sorry to hear abt your situation...I am not sure if you talked to your existing employer abt filing your H1B right away as a back up to EAD, in case if 485 is withdrawn.
Atleast you can continue to work and may be its a good idea to try to initiate a new GC process through your existing employer..

jthomas
05-02-2009, 10:16 PM
I hope things will be fine soon. However, you can talk to attroneys and they should be able to help you. I once checked on the net about a immigrant couples with the same issues. The lady talked to humantarian dept and she got a green card while the guy did not get a green card yet. It would be hard for him to file for a citizenship too. Consult some attorney's and you should be fine.
I don't know where do you live. but some american ladies are very desperate of getting married. So i don't see much chances of him breaking up soon with her unless she dumps him after few months.

snathan
05-02-2009, 11:35 PM
If you get the divorce before I-485 approval, there is nothing much you can do. Once you are getting the divorce, your I-485 will get cancelled automatically. Even if your husband is not informing USCIS about the divorce, it can be revocable in a later date if approved by mistake.

1. Your husband can not get the GC because he is living together with USC. He needs to be married with her to get the GC.

2. If you are not giving the divorce, he can not legally marry her.

In this situation if he cancels his I-485, he is also going to be in trouble. Its gives you some leverage. Negotiate with him for not to cancel the I-485 otherwise you will not give divorce. In the mean time you can file for new H1B as a back up. This year there is no lottery and cap is still not reached. Talk to your employer about this and find out if they are ready to sponsor.

Good Luck.

meridiani.planum
05-03-2009, 01:21 AM
I came to this country after marriage 8 years before. I was on H4 visa . My husband applied for I-485 in july fiasco . I got EAD & working as an IT tester for the past 16 months.

Our relation had problems all the time recently only I know that he has a relationship with his colleague .They started living together. she is an american so he doesnt want I-485 GC & will cancel the I-485 application.
We are living separate now & filed for divorce.
What will happen to my I-485 status will it be revoked . I applied for I-485 as a dependant.

I have 1 more year EAD .
what will happen to status does my I-485 depends on my husbands I-485 .

Pls advice me regarding this issue

yes, your I-485 is unfortiunately linked to his.
However dont waste any time, file an H1 ASAP. LIke right htis week. Any desi consultant will do. The quota is still available but running out, so dont waste any time.

meridiani.planum
05-03-2009, 01:31 AM
2. If you are not giving the divorce, he can not legally marry her.


could you a post a link to back that up?
Divorce laws vary fromstate from state and depending on the jurisdiction and conditions specific to the marriage (whether you have children, how long you have been married, do you have proof of your partners adultery etc) it is not necessary to have the consent of the other partner to be able to remarry. The matter goes to court, but a one-sided divorce can be granted, so in general one partner cannot hold the other one hostage.

Also, look up laws about pre-nup aggreements and financial details, you might be entitled to half the money he has made since marriage (again depends on jurisdiction) which might be a big help to you in these tough times.

ashatara78
05-03-2009, 06:32 PM
Try contacting narika.org to determine what your options are.
Good luck.

gc_bucs
05-03-2009, 09:59 PM
I went through a divorce and was advised by a lawyer at Murthy's office that interfiling is an option that can be pursued in case of a divorce. Now every situation is different so you may want to talk to a good attorney to see if interfiling can be an option for you. PM me if you need more details.

I came to this country after marriage 8 years before. I was on H4 visa . My husband applied for I-485 in july fiasco . I got EAD & working as an IT tester for the past 16 months.

Our relation had problems all the time recently only I know that he has a relationship with his colleague .They started living together. she is an american so he doesnt want I-485 GC & will cancel the I-485 application.
We are living separate now & filed for divorce.
What will happen to my I-485 status will it be revoked . I applied for I-485 as a dependant.

I have 1 more year EAD .
what will happen to status does my I-485 depends on my husbands I-485 .

Pls advice me regarding this issue

rekhadh
05-04-2009, 02:53 PM
thank you all so much . I will discuss it with an immigration lawyer.

EB3_SEP04
05-04-2009, 03:33 PM
Everyone's talking about H1 and employer. OP said she has EAD, did not say she works. Even if she is working, the job needs to meet certain criteria to qualify for H1. One can not apply for H1 if working, say, as cashier at CVS.

ultimo
05-04-2009, 04:10 PM
how can dependant do inter filing , its for the main applicant .

go_guy123
06-14-2009, 12:55 AM
Hello,
I am kindda lost as to where to post my message ,,nevertheless I am hoping you wise people may offer me some valuable advice /suggestions.
So here is my story...
I was on F1 until I got married to my USC husband in 2008.We filed for I-485,I-130 etc..and I got my EAD last month and our interview is in July.Now, the problem..my husband and I have been having problems since marriage but its gotten so worse that we cannot stand each other anymore.I thought he married me bcoz he loved me and he said so but now he snaps at me at every word I say.Last year he forced me to abort because he got so worked up about the pregnancy and I complied to his demands to save my marriage.Unfortunately,I faced another trauma this week..My 9weeks pregnancy ended in a miscarriage.He has shown NO remorse at the loss of our baby, let alone accompany me to the Emergency Room or comfort me.His mean,selfish nature and these events have killed my spirit leaving me miserable and alone.I regret everything and these events have killed my spirit and I feel helpless.

I am now thinking of divorcing him to avoid verbal,emotional abuse and depression.But I am worried about my status.I want to stay and settle in this country because there is too much my family and I have invested in my studies etc..and I donot want to let this marriage fail me in having a career.I am not sure if he will be willing to accompany me to the AOS interview in July.Even if he does come along,I am worried his behaviour/distant attitude towards me will raise questions in the IO's mind.
What can I do to have my GC ?I understand that divorce during/after pending I-485 will cancel my temporary GC.My brother ( a GC holder) had co-sponsored on I-864 along with my husband.Can I redo GC process after divorce and with the help of my brother's sponsorship?How long will it take?What are the things I should reconsider before I can decide for sure on divorce?what are my rights?


Talk to lawyer. There is an act called Violence Against Women Act.
http://www.immspec.com/green-card-through-vawa.htm
It will kept your GC active even after divorce within 2 years.

Unfortunately it is act that is abused like the anti-dowry act in India so USCIS will be suspicious and thats why you need a lawtyer to handle this.

EB3_SEP04
06-14-2009, 01:03 AM
Talk to lawyer. There is an act called Violence Against Women Act.
http://www.immspec.com/green-card-through-vawa.htm
It will kept your GC active even after divorce within 2 years.

Unfortunately it is act that is abused like the anti-dowry act in India so USCIS will be suspicious and thats why you need a lawtyer to handle this.

There is no mention of "Violence" in the orig post. such suggesions would waste OP's precious time and resources, rather than helping her.

go_guy123
06-14-2009, 04:12 AM
There is no mention of "Violence" in the orig post. such suggesions would waste OP's precious time and resources, rather than helping her.

There need not be physical abuse. The law covers mental abuse as well.

poorslumdog
06-14-2009, 12:08 PM
I read in Sheela Murthy's web site, If you are getting divorce after filing for AOS you can still save your GC. I dont have the link, so please check the www.murthy.com or call them and talk to them.

I believe you will be just fine. Good luck

arnab221
06-14-2009, 12:35 PM
Women empowerment in India is nothing but misuse of biased marital laws . Anti Dowry law and the Domestic voilence act of India are the most abused laws in the history of Indian judiciary . It was also misused to trap NRI grooms . In the early days( until2006) the police used to issue a red corner notice againt the NRI groom if he failed to pay the money demanded by the bride and thier families( used to run in crores ) .The India govt statictics say that 98% of cases filed under marital laws are done with malicious intentions by the wife and her family . Due to sustained misuse by women and their families in India the Anti dowry law has acquired a very ad reputation in India now and everyone believes it is misused so geniune victims( 2% ) also get no justice .


One famous case of misuse of the law happenned in early 1994 when the yound US doctor Balamurali Ambati was trapped in the Anti Dowry law with his family in Chennai , His Father in law demanded $500,000 ( in 1994 ) to drop all the charges . The young doctor had to lose 2 years of his time just to fight false charges in India . While the India media covered the anti dowry law part very well initially and hailed the bride;s family , once the case fell through due to false charges the media never covered that story at all .


Having a red corner notice againt your name will prevent your entry into any country and will result in an airport arrest anywhere in the world and will bring your name in the CBI website alongside dreaded criminals and international terrorists . However the US embassy and the French embassy after sustained campaining by mens rights organisations have stopped the extrotion racket and stopped issueing red corner notices .

Whatever you do, please do not misuse the laws . The laws are used for the people who are really sufferring .Also I am not sure since the marraige was solemised in India , what jurusdiction the US court will have in that marraige . The husband or the wife can challenge the US divorce decree in India also .