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How to inform USCIS about Divorce proceedings

New York, NY |

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.

Attorney Answers 2

  1. 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.

    Disclaimer: The information on this site is general in nature and under no circumstances it should be construed as legal advice. The information on this site should not be viewed as an engagement of Law Offices of Alla V. Londres L.L.C. nor an establishment of an attorney-client relationship. Since the information is current when posted on this site, Law Offices of Alla V. Londres L.L.C. is not responsible for any outdated information.

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