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Hi All,
My wife is currently working in USA on an EAD which she got through her I-485 dependent application that is based on my primary I-485 application. We don’t have a Green card yet.
We are currently going through a divorce and she is delaying the case trying to get a GC through our marriage but since it is clear that we won’t get a GC this year she has now revealed the information that she applied for a H1B through premium processing and her application is selected in the lottery.
I have the following questions:
• If we get divorced and her H1B application is pending then can she continue to stay in US until her application status is known ?She has applied for premium processing and there is currently a RFE on the application.
• If we get divorced and her H1B application is denied then can she convert to a F-1 visa without having to leave US?
• If her H1B is approved but we get divorced before the October 1st start date than can she stay in the US until the start date? If not how many days can she stay in US after the divorce is final but before the October 1st start date?
Thanks in advance for your replies. It is really frustrating to see someone get married for the sole purpose of getting a GC and then using immigration as a lever to delay the divorce case.
My wife is currently working in USA on an EAD which she got through her I-485 dependent application that is based on my primary I-485 application. We don’t have a Green card yet.
We are currently going through a divorce and she is delaying the case trying to get a GC through our marriage but since it is clear that we won’t get a GC this year she has now revealed the information that she applied for a H1B through premium processing and her application is selected in the lottery.
I have the following questions:
• If we get divorced and her H1B application is pending then can she continue to stay in US until her application status is known ?She has applied for premium processing and there is currently a RFE on the application.
• If we get divorced and her H1B application is denied then can she convert to a F-1 visa without having to leave US?
• If her H1B is approved but we get divorced before the October 1st start date than can she stay in the US until the start date? If not how many days can she stay in US after the divorce is final but before the October 1st start date?
Thanks in advance for your replies. It is really frustrating to see someone get married for the sole purpose of getting a GC and then using immigration as a lever to delay the divorce case.
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