Immigration issues during divorce while on work visa

Asked over 1 year ago - Sugar Land, TX

I am an indian citizen and I'm here on work visa (H1B). I have sponsored my wife on H4 visa.
My work has sponsored for my green card and we are in the final stages of receiving it. Few months ago we recieved our EAD cards.
I am thinking about filing for a divorce. How will it affect my wife's green card procedure. Can I pull her out as being my dependent and stop her green card process? or now that she has an EAD card, she is independent of me and my employer, regardless if I was the one who sponsored her in the first place?

Attorney answers (2)

  1. Haroen Calehr

    Pro

    Contributor Level 17

    3

    Lawyers agree

    Answered . She only has her status due to being a derivative dependent of your principal application. Therefore, if you were to get divorced from her prior to her green card application approval and yours of course, then she would loose her H-4 and prospective I-485. If USCIS doesn't find out about it and approves the I-485 anyway the issue may surface again in the future when she applies for naturalization and her green card may be rescinded if its been 5 years (statute of limitations to rescind a green card unless USCIS can prove fraud than there is no statute of limitations(.

  2. Adam Edward Rothwell

    Contributor Level 9

    3

    Lawyers agree

    Answered . Based on the facts as presented, your wife's adjustment application is based on yours first being approved and then hers being approved as your accompanying relative. For this reason, in the case of a finalized divorce especially, she would not have a legal basis to continue qualify as your accompanying relative on a pending status adjustment application. However, if the divorce is not finalized before approval (more or less if you have just separated), there can be some grey area primarily tied to the awareness of USCIS of your marital situation .

    The above being said, it is important to note a foreign citizen has a responsibility to affirmateively prove he/she qualifies for status adjustment. Also sas a general rule a foreign citizen is expected to disclose information to the USCIS that if not disclosed could be construed as misleading.

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