Hi,
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!
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