QUESTION
ELIGIBILITY OF I 140 IN CASE OF DIVORCE
Asked on Apr 26th, 2015 on Immigration - Pennsylvania
More details to this question:
Form I 140 filed in 2010 under EB2 Category including wife name as derivatives and got approved. Wife filed Divorce petition in US in2012 but it is not granted by court as yet. She is staying separately from 2012. Also wife has own h1b. Whether she still eligible for approved I140 of husband or her i140 gets automatically cancelled and she has to file new I140 Application.
1 ANSWER
U.S. Immigration and Nationality Law Attorney serving San Diego, CA
Partner at
Kazmi & Sakata
1 Award
Hi. If you do not want her to be a part of your adjustment of status, then you do not file the I-485 for her. If she is getting H1b extensions based on your I-140, then you can always inform them of the divorce. Seems odd you have not officially divorced over 3 years?
Answered on Apr 27th, 2015 at 11:13 AM