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  • Mohan, Pasha Patel..Please help me .

    Mohan , please help me on this.

    I am currently on my H1-B visa.
    My company is processing my green card as well.It is in labour certification stage.

    I need some advise on how to proceed with my case.

    - I have applied for Employment-based I-485 as a derivatory of my ex-husband.Myself and my ex got divorced recently but my greencard
    application is still being processed. I have sent certified mails to the service center with my divorce decree. I have certified mail receipts with me.What if my application gets approved inspite of my sending my divorce status to the INS.

    1) Should I accept the greencard it or not?
    2) If I decide to accept it, what are the consequeces on my naturalization ?
    3) Or should I return the approved greencard and continue the process through my employer ?
    4) If I decide to return it, how do I do it ?

    Thank you.

  • #2
    Mohan , please help me on this.

    I am currently on my H1-B visa.
    My company is processing my green card as well.It is in labour certification stage.

    I need some advise on how to proceed with my case.

    - I have applied for Employment-based I-485 as a derivatory of my ex-husband.Myself and my ex got divorced recently but my greencard
    application is still being processed. I have sent certified mails to the service center with my divorce decree. I have certified mail receipts with me.What if my application gets approved inspite of my sending my divorce status to the INS.

    1) Should I accept the greencard it or not?
    2) If I decide to accept it, what are the consequeces on my naturalization ?
    3) Or should I return the approved greencard and continue the process through my employer ?
    4) If I decide to return it, how do I do it ?

    Thank you.

    Comment


    • #3
      Hello Satniv

      As I understood your petition is marriage based that's been proceeding right now. Now if you have applied on marriage based ... then you will definitely be called for AOS interview ... so I guess there is no way they will approve you without interview ... so you don't need to worry... as you have already sent your divorce progress to BCIS ... you did the right thing.... Answers to your questions...

      1. most probably you wont get a greencard as your husband wont attend AOS interview as u guys are divorced...

      2. you shouldn't accept it as if they find about this situation at any time be it at time of your NATZ process or afterwards .... U might face deportation due to fraud with BCIS...

      3. that's the most safest way right now for you to go through employment

      4. probably you wont need to return it as you will not be able to get it at first place without your spouse at AOS interview....

      Wish you all the best... if I m wrong at any point ... mohan will surely correct me... he knows a lot... good luck... Pasha

      Comment


      • #4
        Hi Pasha Patel,

        Thanks a lot for your response.

        My I-485 is not marriage based.It is based on the employment of my ex-husband. He wemt through his labout,I-140 and included me on the I-485 stage. But still my application is a EMPLOYMENT BASED I-485 derivatory application based on marriage. Does it make sense.

        Thank you.

        Comment


        • #5
          Hello staniv,

          I am sorry... I don't know much about employment based GC application ... but if you are dependent I meant your husband included you in his application then most probably you wont get GC if its not approved .... But furthermore ... I don't know in depth ... sorry about that.... Others will help you out... good luck... Pasha

          Comment


          • #6
            Thanks Pasha..

            Mohan..any others, could you please comment on my case.

            Comment


            • #7
              Your Marriage based AOS is no more valid. He will be called for interview and latest tax return etc. it will not go thru. you should proceed your own LC and AOS.
              He should not lie at interview either, he will be asked his marriage status also.
              Its a discussion, not a legal advise..

              Comment


              • #8
                Thanks a lot for your response.

                My I-485 is not marriage based.It is based on the employment of my ex-husband. He went through his labour,I-140 and included me on the I-485 stage. But still my application is a EMPLOYMENT BASED I-485 derivatory application based on marriage.

                Mostly, there is no interview for employment based AOS.My concern is what if the my application gets approved. How should I handle the situation.

                Comment


                • #9
                  Your marriage based means that you are married to H1B visa holder and you are On H4. I understand that your I-140 not I-130 and once the H1B will be adjusted with LC , dependents also will be adjusted. Yes there is interview, he will be called to get stamp on Passport and that time he will go thru formal interview, Latest Pay stub, Tax return, etc, if there are any benificiary on the application, all will be called to see the adjucating officer, or Otherwise. Your application will not have chance of approval.
                  Its a discussion, not a legal advise..

                  Comment


                  • #10
                    Mohan,

                    Thanks for the etailed reply. That really helps.

                    Comment


                    • #11
                      Mohan,

                      I am on my H1-B not a H4 dependent visa. My employer is sponsering my greencard as well. Would I have any issues because of the current I-485 being denied due to my divorce ?

                      In other words ,
                      What are the consequences of a denied I-485 due to reasons of divorce and its implications on future I -485?

                      Comment


                      • #12
                        Hi satniv ,

                        Your current petition is not related with your marriage at all... so divorce doesn't have any effect on that... your current H1B petition is totally independent and should not have any effect whatsoever from your divorce... Good luck

                        Comment


                        • #13
                          Hi Pasha,

                          Its my future I-485 petion that I am concerned about. Not my H1-B. Would there be any consequences on my future employment based I-485 through my employer or a petition through a citizen/ PR if I decide to marry in the future.

                          Thank you.

                          Comment


                          • #14
                            Hi satniv,

                            I didn't misunderstand you ... yes I am talking about your future H1B ... and even if in future you get married to USC ... this shouldn't be a problem ... as u never got any immigration benefit from marriage or your previous petition ( as dependent on your husband's H1B) ... so good luck... Pasha

                            Comment


                            • #15
                              Thanks a lot Pasha Patel and Mohan for patiently and clearly answering my questions.

                              Take care and Thank you.

                              Comment



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