URGENT HELP! - Form I140 filing when Divorce in progress

[Vjr2020]

My employer is going to file I140 application for me after the PERM gets approved. My spouse and I are both in the US with our own H1b visa's.

Our divorce proceedings are in progress in India. With this situation, do i need to provide my spouse details while filing the I140 application form? Or is it okay to not give spouse details since the divorce is in progress (don't have the final decree yet). I don't have any details on the spouse passport, recent entry date etc if required.

We have filed our tax returns jointly in US one year other than that we don't have any records. Please advice.

[xTDx]

i140 is employers petition. no spouse info is required for i140.

[Vjr2020]

On 8/21/2020 at 5:02 AM, xTDx said:

i140 is employers petition. no spouse info is required for i140.

Thank you so much for your response. 

Employer's attorney has sent a questionnaire to be filled in to file I140 and in there they have asked the spouse details to be filled in even if we are not including the spouse for the I140 process. Can i just leave the spouse details blank ? Will it cause any issue in adjudication of the I140 decision?

 

Thank you!

[newacct]

48 minutes ago, Vjdk said:

Thank you so much for your response. 

Employer's attorney has sent a questionnaire to be filled in to file I140 and in there they have asked the spouse details to be filled in even if we are not including the spouse for the I140 process. Can i just leave the spouse details blank ? Will it cause any issue in adjudication of the I140 decision?

 

Thank you!

If the divorce is not final, your spouse is your spouse. If you are asked about your spouse and you leave it blank, that would be lying since you do currently have a spouse.

[Vjr2020]

9 hours ago, newacct said:

If the divorce is not final, your spouse is your spouse. If you are asked about your spouse and you leave it blank, that would be lying since you do currently have a spouse.

Thanks for your response. The earlier post said that it is not required to give spouse details in 140. 

The thing is I don't have the spouse details like passport copy, recent date of entry etc if required. Hence asking if it would be a problem. What is the best route to take in this situation? Thanks!

[newacct]

If the lawyer is asking you about some information which you do not have, just truthfully answer that you don't have that information.

[Vjr2020]

22 hours ago, newacct said:

If the lawyer is asking you about some information which you do not have, just truthfully answer that you don't have that information.

Thanks, I have reached out to the attorney already explaining my situation. Waiting to hear back.