Divorce before green card

Houston, TX Viewed 37 times. Posted about 1 month ago in Immigration

My company is sponsoring an employment-based green card application for me and my family (wife + 2 sons). My company recently filed the I-485 form.
My wife has filed for divorce and I have several questions:

- When should I inform my company about my wife's intentions to divorce ?
- Is this going to affect my case or generate any delay in my application ?
- How does my company modify the documentation to reflect I will divorce ? Is there any special form ?
- What happens with my sons' applications ? Does it matter if I or my wife get their custody ?

Thanks.

Xcalibur

Additional information
Mr. Dixler:
Thanks for your answer. I only know her intentions are to stay in the States. I am not sure if she thinks that given that the I485 was filed she has already the right for the GC; she may have been looking to get the GC through other channels (marriage to an American after the divorce, she has been dating other people for at least a year).
My main concern is the effect the divorce may have in my and my sons' cases. We have been waiting for the GC for several years and I would hate to do something that may jeopardize my case. I was extremely nervous and hesitant on informing my company's lawyers about the divorce, because I thought this could affect my case, even causing to have to start from zero again. At the end, the company's lawyers represent the company and they will do whatever it takes to protect the company's interests over mine. My company is very strict and serious on immigration issues.

FYI, both of us have requested custody of the kids.
Thanks.

Xcalibur

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Answers (1)

Kevin Lawrence Dixler

This attorney is licensed in Illinois. Posted about 1 month ago.

The divorce complaint does not affect your wife's right to adjust status until the divorce is final. You both may seek counseling and get back together, but this is unclear. There is no need to inform the company or the company's attorney until there is a final divorce order.

The divorce will not delay your application. The final divorce order can delay or eliminate her chance to become a permanent resident. We need to know more information about her intentions and plans.

The company does not need to do anything. Your wife has requested to adjust status based upon her marriage to you. You may have a duty to report the divorce when it is final. The attorney who filed her adjustment should not report the divorce order to the USCIS. Notifying the Government of the divorce order can complicate and may prejudice her right to eventually immigrate where untimely handled. The company attorney may need to refer her to another attorney.

Your son's adjustment application remains valid even after a final divorce order. However, if your wife receives sole custody, then you son may abandon his unapproved adjustment application upon leaving the U.S. or eventually lose his permanent resident status if he leaves the U.S. with his mom after approval.

The above is general information and does not create an attorney-client relationship.

Law Office of Kevin L. Dixler

American Immigration Lawyers Assn