Tweet
Filed 485 a year back as derivative of EB2 principal spouse. Spouse now asking me to leave.
Married 20+ years ago, stayed 5 years together in US on H1, had a US born child, then I left for home country, stayed separately (no legal separation), returned to US after a 10 years on B1 to reunite as family, spouse asked me file derivative 485 to reunite.
I filed as a derivative, but we still stay separately due to differences. Can my spouse now force me to leave by writing to USCIS that we lived and continue to live separately, and by alleging things against me that are better addressed by family counselor/court rather than immigration. Of course we spent time together often in between as family. While relationships are complex, marriage still remains a fact. I think even if spouse does write to USCIS in a fit of anger, agency may deny my 485 or call for joint interview, but can they ban me for any plausible reason?
Note again that this is EB2 derivative, not family based GC.
Married 20+ years ago, stayed 5 years together in US on H1, had a US born child, then I left for home country, stayed separately (no legal separation), returned to US after a 10 years on B1 to reunite as family, spouse asked me file derivative 485 to reunite.
I filed as a derivative, but we still stay separately due to differences. Can my spouse now force me to leave by writing to USCIS that we lived and continue to live separately, and by alleging things against me that are better addressed by family counselor/court rather than immigration. Of course we spent time together often in between as family. While relationships are complex, marriage still remains a fact. I think even if spouse does write to USCIS in a fit of anger, agency may deny my 485 or call for joint interview, but can they ban me for any plausible reason?
Note again that this is EB2 derivative, not family based GC.
