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Results 1 to 8 of 8

Thread: Should I give up my Family Based 485 Application?

  1. #1
    Hi,

    I am an H1b worker and also married to an American citizen. I filed work based GC application 5 years ago, and it was going nowhere. Then I married to American last March. My husband then filed family based immigration for me. My I485 interview date was 10/08/2007. But I was lucky, on that day, the officer told me that my case is pending due to FBI name check.

    In the mean time, my marriage is not going well. I am thinking of leaving my husband. He is alcoholic, and emotionally abusive to me. My question is: shall I just withdraw my family based I485 application and go back with my work based GC application? I am still on H1B status. My company lawyer filed I140 petition for me. He can not file I485 for me yet, as I am from China and EB2 priority date is Jan1 2003.
    Please, any advice or comments will be appreciated.

  2. #2
    Hi,

    I am an H1b worker and also married to an American citizen. I filed work based GC application 5 years ago, and it was going nowhere. Then I married to American last March. My husband then filed family based immigration for me. My I485 interview date was 10/08/2007. But I was lucky, on that day, the officer told me that my case is pending due to FBI name check.

    In the mean time, my marriage is not going well. I am thinking of leaving my husband. He is alcoholic, and emotionally abusive to me. My question is: shall I just withdraw my family based I485 application and go back with my work based GC application? I am still on H1B status. My company lawyer filed I140 petition for me. He can not file I485 for me yet, as I am from China and EB2 priority date is Jan1 2003.
    Please, any advice or comments will be appreciated.

  3. #3
    Hi Tigress,

    I am sure someone would be able to help you out - lots of senior members here know from experience what they're talking about.

    In the meantime, welcome to the forum!
    Do all the good you can, in all the ways you can, as long as ever you can.

    --John Wesley

  4. #4
    I would keep the family based option, so don't put all your eggs in one basket.

  5. #5
    You can still adjust your status on the bases of a marriage, even if you have been married for less than two years. You have to file for a waiver, which is usually given to someone in your situation. Someone who has a abusive spouse, etc, are granted that waiver and given the removal of the condition of the green card. Please talk to a good lawyer for more advice and direction.

  6. #6
    Tigress, just wait. Your I-485 may be approved any day. Besides, how much longer can you be on H1B?

    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by davdah:
    Its a little more complicated. If you divorce now you can self petition for removal of conditions when you get to within 60 days of your 2nd anniversary. That is for getting an unconditional GC. And you will need to show evidence of a bona fide marriage. Divorcing so soon after the interview looks fishy. Until the 485 is approved it can be withdrawn by your husband. You can't back peddle to your prior application. You gave that up when you applied on a family based petition. </div></BLOCKQUOTE>
    Husband can withdraw only I-130. I-485 is alien's petition.
    Tigress can continue being on H1B as long as hasn't used EAD.

  7. #7
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by davdah:
    Its a little more complicated. If you divorce now you can self petition for removal of conditions when you get to within 60 days of your 2nd anniversary. That is for getting an unconditional GC. And you will need to show evidence of a bona fide marriage. Divorcing so soon after the interview looks fishy. </div></BLOCKQUOTE>

    Make it 90 days please.

    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Until the 485 is approved it can be withdrawn by your husband. </div></BLOCKQUOTE>

    Aneri corrected it that the husband could only withdraw the Form I-130 but, oops, that's exactly what you meant, just a mental lapse.

    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">You can't back peddle to your prior application. You gave that up when you applied on a family based petition. </div></BLOCKQUOTE>

    Oops. What made you say that? She can back peddle... este! back pedal to that as long as she was able to maintain her nonimmigrant H-1B status. There's no need to "back pedal" as a matter of fact, both could run concurrently, as long as her Laborcert and I-140 remain valid and no "fraud" would be established on her marriage-based AOS application. She filed her EB-2 category Laborcert and I-140 five years ago so it could become "current" in a short while under the China visa column.

    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Did your husband turn into an alcoholic or was he that way all along? If so, did you expect him to change after you got married? This sounds like you married him for the GC since he obviously didn't pull a Dr. Jeckle / Hide routine. </div></BLOCKQUOTE>

    The OP has apparently been in a valid nonimmigrant status before, during, and after the marriage and not desperate enough to gain immigration benefit out of marrying a USC. The "married him for the GC" statement is a bit reckless, as usual.

    Giving advice. Giving advice. Giving advice. Tee-he-he!

    Alexander Pope said: "A little learning is a dangerous thing." And he added: "Some people will never learn anything because they understand everything too soon."

  8. #8
    Tee-he-he! Two I-485s? There's only one, buddy. Upset who, Alexander Pope? He's long gone. Attorney? Who? There's no attorney on this forum, my friend!

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