I had filed for my I 485( EB2 India) in 2007 after which the dates retrogressed. In 2009 I got married but did not add my wife as a derivative beneficiary. In november 2010, I filed for divorce which has not been finalized yet. I finally got my GC last week. Now, I think that my wife may have filed her I 485 through her lawyer,even though a divorce is in progress( but I am not sure about this). I read in some places that it may constitute a fraud. I just want to inform the USCIS that a divorce is in progress and to consider this while adjudicating any applications as a derivative beneficiary. I just want to make sure I am not in trouble.
WHOM SHOULD I WRITE TO ,WHAT SHOULD BE THE CONTENT OF MY LETTER AND WHERE SHOULD I SEND IT TO
If you did not add your ex-spouse as a derivative beneficiary to your I-140 and I-485, then she cannot file her I-485 as a derivative beneficiary.
After the grant of your Green Card, her I-485 can be only filed with I-130 petition which requires your signature. Additionally, since you are a green card holder and not a US citizen, she cannot concurrently file I-485 with I-130 due to the visa unavailability.
The only way for you to verify whether she was added as a derivative beneficiary to your I-485 Application is to call USCIS using the phone number at the bottom of your I-485 receipt, provide your receipt number to the officer and express your concern.
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