Question:
I have heard that for employment based AOS cases, there is sometimes
an interview, but not always. If I do not accompany my wife to this
interview, can she still get a green card? Can I withdraw her green
card application because the marriage is no longer viable?
Answer:
I am currently in divorce proceedings. I am an H1-B visa holder; I had
filed my I-485 in August 2002. According to the BCIS web site, they
are currently processing May 2002 cases. My AOS application is
employment based, and me and my wife filed for I-485 jointly. Her
application is by way of marriage. Will the divorce have any negative
impact on my AOS application? Can she hurt my AOS application in any
way.
This does not make sense.. how can you wife be applying by way of
marriage if you are not a US citizen, why would you need to accompany
your wife to your AOS interview... Am I missing something here..
Have I got this
right - all you're concerned about is how this affects you? You want to
get your green card but want to actively prevent her from getting hers?
Geez, that's cold.
how can you wife be applying by way of marriage if you are not a US
citizen, why would you need to accompany your wife to your AOS
interview... Am I missing something here..
I questioned many
years ago myself and was told that if your spouse is here on an H-2B and
you file for adjustment based on your employer's sponsorship your spouse
is included in the petition as well. Jim had questioned this because a
young woman who he was surrogate father to in Canada married an H-1B
Canadian. After their marriage he filed for a GC and she was included
under that eligibility.
The alien qualifying for permanent resident status through a
petition where the alien's spouse is permitted to include the alien on
his immigration petition as a derivative beneficiary. In both instances,
the alien is a beneficiary of an immigration petition on the basis of
marriage. Generally speaking, if the marriage is terminated by divorce
before permanent resident status is granted (i.e., before adjustment of
status is granted for those aliens who applied for adjustment), the
beneficiary or derivative beneficiary will not be eligible for permanent
resident status through this relationship.
all you're concerned about is how this affects you? You want to get your
green card but want to actively prevent her from getting hers? Geez,
that's cold.
Get divorced from this wife before you start worrying about the
girlfriend..
]http://britishexpats.com/forum/showthread.php?s=&post-
id=1511245#post1511245[/url]
:) I've got to take my hat off to you! I can't remember how
many times I've seen you read a post, become curious, and then out the
poster with conflicting information from a previous post! You've either
got a great memory or a lot of time on your hands! :) I'll also
mention here that I always enjoy your caustic humor - things I might
think but wouldn't write, but you go ahead and write it. Well done.
hat off to you! I can't remember how many times I've seen you read a
post, become curious, and then out the poster with conflicting
information from a previous post! You've either got a great memory or a
lot of time on your hands! :) I'll also mention here that I always
enjoy your caustic humor - things I might think but wouldn't write, but
you go ahead and write it. Well done.
He's retired
and lives in Florida. He has nothing but time on his hands ... at least
I hope that is only time I see on his hands ;-)
is very good..although ask me the day of the week or what time it is and
I have no idea.. A lifetime of being heavy and serious mean its now
time to add a bit of humor wherever I can...caustic meeeee..... Rete is
definitely on the happy pills tonight.....
