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Disclosing Divorce when Filing I-485

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  • Disclosing Divorce when Filing I-485

    I just recently got an I-140 approval based on an EB1 petition (I have an O1-A work visa). My wife, who has an O3 dependant visa, asked for divorce last year and I filed documents at the end of September 2016. The divorce is still pending, but nearing resolution.

    My main question is about disclosing the divorce proceedings to USCIS. My wife is threatening with filing for a U-visa based on DV allegations, if I don’t pay her for filing her I-485 separately. Apparently, she wants to file the I-485 separately, so she doesn’t have to disclose the divorce to USCIS. She’s also demanding that I stall the divorce proceedings until she gets her green card.
    As, however, I don’t want to delay the divorce and I don’t have money to pay her for her own filing, what are my options? Can I inform USCIS that we are in divorce proceedings that are nearing conclusion? What will happen to her after that, or after the divorce? That is, how long will she be allowed to stay in the US?

    My wife’s O3 visa expires August 2017, but she has an I-94 admitting her in the US until August 2018.

    Thanks for any advice!

  • #2
    This is a free country. You don't "have to" pay her for anything or delay anything. She can file whatever she wants but that's between her and the government; as long as it doesn't affect you then it's not your concern. If she makes false police reports and they charge you or something then you can fight those then. What happens to her after the divorce is also her own problem and not your concern. Maybe she can find some way to stay; maybe not; but her status is no longer relevant to you as she is not your spouse anymore.

    This is my personal opinion and is not to be construed as legal advice.


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