scorpio_neo Posted May 21, 2013 Report Posted May 21, 2013 My wife and I have been married for 2 years, we are from different countries. I got my labor approved through EB2 in Nov 2012. My EB2 dates were not current, so after 140 approval, I used her priority date which was current, and using cross chargeability we filed for Adjustment of status in Feb 2013 and got our GCs in May 2013. Things haven't been going well for us and we have decided to file for divorce in June 2013. How does this affect both our residency statuses? Can it be revoked because we used cross -charegeability and now immediately seeking divorce after the approval?
pontevecchio Posted May 21, 2013 Report Posted May 21, 2013 I would seriously doubt that there is a problem with the GC for either of you. In the interests of abundant caution and for piece of mind I would run the scenario by a Lawyer.
scorpio_neo Posted May 21, 2013 Author Report Posted May 21, 2013 Thank you pontevecchio. I will run this by an attorney too. Quick follow up - My company that sponsored my GC and I will continue to work for the same post my AOS is aware that I used cross-chargeability. They will , of course, come to know of the divorce. Would there be an issue with the company complaining to USCIS?
t75 Posted May 21, 2013 Report Posted May 21, 2013 The company does not care. However, at the time of naturalization, there could certainly be the question of fraud since you are divorcing so soon after the receipt of your GCs. Both of you benefited from the marriage for immigration - ove of you got the advanced time and the other came as a dependent.
scorpio_neo Posted May 21, 2013 Author Report Posted May 21, 2013 At the time of naturalization, both of us seperately can prove that our marriage was genuine. would that make a difference?
pontevecchio Posted May 21, 2013 Report Posted May 21, 2013 Please get a Lawyer. You are fine. You are in the land of 50% plus divorce. Move on.
t75 Posted May 22, 2013 Report Posted May 22, 2013 I suggest you discuss your future plans with an attorney to make certain that you both have proper documentation of your claim. It may be a non-issue, however I always try to prepare for the worst case. If I can handle that, everything else is good. The problem is that although there was no marriage fraud for entering the US, the fact you used cross chargability when a divorce was likely in the works at the time you were waiting on GC, you postponed it in order to benefit from the earlier date and she benefited from the earlier date being used as the derivative.
txwarrior12 Posted December 1, 2016 Report Posted December 1, 2016 Did you get your Citizenship yet ? i am in the same situation. please advise
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