H4 divorced H1 after labor certification was approved.

[trolledot]

My friend which had H4 status divorced her H1 husband after labor certification was approved and she already got her SSN and Work permit. They applied for AOS but she is now worried that she might be denied 'cause she is not married anymore. How bad does it look for her?

[txh1b]

Your friend is out of status if she has divorced the primary of the GC petition and has no immigrant status of her own other than a dependent visa. The GC is not approvable. All EAD AP etc are void and if used will be considered fraudulent.

She should leave the US or should have changed to her own status prior to the divorce.

[trolledot]

She has met a USC thta wants to marry her. Should she go ahead and marry the guy?

She has met a USC that wants to marry her. Should she go ahead and marry the guy?

[trolledot]

Clarification...

She asked me to clarify that she divorced after obtaining SSN and work permit while she was waiting for an AOS decision...The AOS interview is fast approaching now.

Does that make a difference?

[txh1b]

When SSN was obtained has nothing to do with AOS. The person has to be married at the time of AOS for the GC to be valid.

[txh1b]

She has met a USC that wants to marry her. Should she go ahead and marry the guy?

That is her choice. Marrying someone for the sake of GC is considered fraud and looked at very seriously.

[trolledot]

I understand

The new relationship with the USC is legit and they have evidence to prove it (picture, friends, etc) . This relationship has been going on for more than a year and they have all the intention to get marry.

Question: What is her current status? She says that her status is "Pending AOS approval" and not H4 anymore. Thats why she went ahead and divorced.

How adversely will this new marriage affect her chances now? They will probably rush it as a solution to her problem but the relationship is legit.

Thanks for all your replys.

[txh1b]

Well, pending AOS is valid if the basis for the "pending AOS" remains valid. Otherwise it does not. She needs to talk to an attorney as after marrying a USC, a new AOS has to be filed and her previous pending AOS has nothing to do with her status.