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  • Question about divorce

    Hi All,
    I need some advice PLEASE. I have applied AOS for my wife based on my employment. I am wondering if I can apply for a divorce NOW and yet keep her on the GC application. Our biometric test is this week. Does USCIS go by ACTUAL divorce date? If we are still in the process of divorce, would that have any impact on her GC? I hope the divorce wont be over before we get out GC. She is currently on H4 and is in medical school.
    Any advice would be greatly appreciated.
    Thanks
    Tired

  • #2
    If you get divorced before the GC gets approved, you have to inform USCIS. Even if she obtains the GC as a derivative after the divorce, it will be fraudulent.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment


    • #3
      What if I apply for divorce now and the divorce is finalized after the GC is approved. Is that still fraudulent?

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      • #4
        Originally posted by tired
        What if I apply for divorce now and the divorce is finalized after the GC is approved. Is that still fraudulent?
        No. But little fishy. A mutual consent divorce takes less than 2 months. If you don't want any damage to the GCs, wait.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

        Comment

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