Jump to content
johnny5alive

Divorce before green card petition approval, was on F-1 and working under OPT

By johnny5alive in Effects of Major Family Changes on Immigration Benefits

 Share

23 posts in this topic

Recommended Posts

michellefor Contributor

michellefor   1

Posted
Filed: AOS (pnd) Country: Canada
 Timeline
Posted

Her EAD will become invalid once you file the Divorce. She might become out of status when you file the divorce. But check those two website may help you to the idea of what it might be happened to your wife of her status.

http://www.avvo.com/legal-answers/what-happens-if-my-wife-gets-a-divorce-or-annuls-t-884684.html

http://www.legallanguage.com/legal-articles/divorce-immigration/

May 23 , 2014 - Mailed I485 Package to Chicago

June 10 , 2014 - E-mail , TEXT RECEIVED and check cashed.

June 14 ,2014 - NOA receipt I485 hard copy in mail.

June 16 , 2014 - Letter in Mail for Biometric appointment July 2.

July 1, 2014 - RFE received

July, 2, 2014 BIOMETRIC done

AUG 17, 2014 EAD in production

Aug 18 , 2014 Mail the RFE to USCIS ( Nebraska Service Center)


Aug 21 , 2014 USCIS E-MAIL , Text received for RFE review

Aug 28, 2014, Received EAD


Sept 3, 2014 case moved to "TESTING AND INTERVIEW"

Sept 9, 2014 Text and e-mail received INTERVIEW DATE for OCT. 17, 2014 :idea:

Sept 11, 2014 Received the Interview Letter in mail - OCT. 17, 2014 (F)

Oct, 17, 2014 Interview ( went well ,but no decision)

Oct 22 , 2014 Received Text and e-mail , GC go to production

Oct 28 , 2014 Received the Welcome to United States letter

Oct. 28, 2014 Received e-mail and text USCIS has mailed the GC today. YA!

Oct. 30, 2014 GREEN CARD in hand!!!! :luv:

Link to comment
Share on other sites
Hypnos Grand Master

Hypnos   6,576

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

Since you are divorcing then her AoS will be denied, and she will be out of status. If she had a spare $1m laying around then she might be able to qualify for an EB-5 investment visa, but would need to remain in a legal status for the entire time it took the I-526 to be approved. She would only be able to file an I-485 after the I-526 was approved. Given the processing times, this is unlikely to happen.

The most likely outcome of this situation is that she leaves the US, either voluntarily or by being deported.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Link to comment
Share on other sites
raven52 Proficient

raven52   233

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
Posted

With her education, and training, she needs to find a company, willing to employ her, and get their lawyers to work on her immigration problems.

She should have no trouble finding work with her education, then give the legal part to ""legal people.""

Link to comment
Share on other sites
Aahil Collaborator

Aahil   90

Posted
Filed: IR-1/CR-1 Visa Country: Bangladesh
 Timeline
Posted

why do u wanna divorce

Citizenship Timeline:

 

Service Center : Online  |  CIS Office : Philadelphia  |  Date Filed : 2018-08-23  |  NOA Date : 2018-08-24  |  Bio. Appt. : 2018-09-20  |  Interview Date : 4th April  (scheduled on 25th feb) |  RFE: 25th April. Approved : MAY 15/ In line for Oath 17th MaY |  Oath Ceremony :30th MaY

 

USCIS

13-12-2013 - Sent i-130 received

17-12-2013 - NOA1 hard copy

06-06-2014-I-130 RFE

13-06-2014 - RFE hard copy

25-06-2014 - RFE sent

01-07-2014 - RFE response review email received

22-07-2014 - NOA2 (approved in 221 days)

30-07-2014=i-130 Sent to NVC

NVC

12-08-2014 - NVC received the case

22-08-2014 - NVC case number assigned

23-08-2014 - I-864(AOS) Bill Generated

25-08-2014 - DS-261 completed online

25-08-2014 -AOS Bill paid ($ 88)

26-08-2014--AOS bill appeared as PAID

29-08-2014 - Sent I-864(AOS) Package (via USPS Certified Mail)

02-09-2014 - AOS Package Received and scanned at NVC

26-09-2014 --IV bill invoiced and paid

02-10-2014 --Iv package sent via usps

06-10-2014 --Iv package Received and scanned at nvc

08-10-2014--DS-260 completed online

14-11-2014--- checklist (AOS)

17-11-2014---- checklist sent via USPS

19-11-2014 checklist received at nvc

12-02-2015--- checklist (IV-police certificate)

17-02-2015 checklist received at nvc

11-03-2015 Case Complete

25-03-2015 - Interview scheduled

Consulate
16-04-2015 - Medical
19-05-2015 - Interview (approved) but put me on AP for no reason.

20-09-2015-Visa Issued at CEAC website
21-09-2015 - Visa in hand
01-10-2015 - POE

11-01-2016- Received 10 years green card

Link to comment
Share on other sites
Boiler Grand Master

Boiler   43,395

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Do not hold fire because of this, the chances are you will seriously regret it if you do.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Link to comment
Share on other sites
blahblahblog Explorer

blahblahblog   36

Posted
Filed: Country: Brazil
 Timeline
Posted

The F1 OPT is over and she won't be able to get any get extension benefits or anything. That is gone. She would have had a better chance at a H1-B visa because she is a PhD holder (she goes through two different lotteries) and I'd guess the chances there are closer to 80%. Plus there is some cap-extension tools for companies that want to keep their employee (unavailable for new hires).

If she can get a postdoc or another university position, she could get a visa right away and stay (J1 or H1B cap-exempt). I'm guessing she has connections in her old school to get something of that sort. If she gets a non-exempt sponsor for a H1-B visa, she'd be able to start working in Oct 2016. If she's eligible for EB-1 or EB-2 NIW, she'd have to wait for the process to finish which should take a few months. If it's EB-2 with job sponsorship, it depends on the department of labor and the specifics of her position and her companies lawyer.

May 29th, 2015 - Sent AOS package

June 1, 2015 - Package received by USCIS

June 4, 2015 - Biometrics Fee Accepted

June 20, 2015 - Biometrics Appointment Letter Received

June 30, 2015 - Biometrics Appointment

August 6, 2015 - I-131 approved

August 6, 2015 - Your card was ordered

August 7, 2015 - I-765 approved

August 20, 2015 - EAD received

Link to comment
Share on other sites
Boiler Grand Master

Boiler   43,395

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

EB2 China is not current.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...