QUESTION
I am on H4 and my husband is on H1b visa and his I140 is approved and PD is current. Can he remove my name from green card processing?
Asked on Jan 02nd, 2022 on Immigration - New Jersey
More details to this question:
Things have been rough between us due to pandemic he went into depression and made me go to India. and reluctantly i came to India with my 6 yr old child (US born), because he was forcing me to go back to India in Feb 2021, he ended the apartment lease and we came back. He started working from home from India but then without letting me know he went back to USA in July 2021. His PD has been current since sept 2020. He filed his perm with another employer and he hasnt shared any update about this whole process with me because he never share any document with me or any information. So can he remove my name form the green card processing we are still married but living apart. What are my rights in this situation? i need my green card and i have a US born 6 yr old with me.
1 ANSWER
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To our knowledge, the decision of whether and when to add dependents is largely up to the principal applicant under US immigration law. Whether he can be made to include you in the immigration application may be a subject for a family law attorney. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Jan 16th, 2022 at 12:08 PM