QUESTION

Can the wife drop his husband’s name from the green card adjustment of status process?

Asked on Mar 15th, 2014 on Immigration - California
More details to this question:
I have a friend who’s permanent residency application is currently is process. His wife's company has sponsored the petition and he is a beneficiary on the application. They are waiting for their filing date to become current to start the adjustment of status procedure. Recently they are having some domestic disputes and the wife is threatening divorce. Can she remove him from the green card processing if she decides to? Please let me know.
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1 ANSWER

In practical terms, the wife could try taking the husband's name off the petition but will not be able to do it without seriously hampering her own case. However, if she files for divorce, the husband will not be able to adjust status because his status as a beneficiary of the petition filed by his wife's employer is derived through this marriage.
Answered on Mar 19th, 2014 at 4:08 AM

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