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Ely
Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 88194
Experience:  Private practice in several areas, including immigration
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Ex-wifes green card approved by USCIS

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Hi, I just got my green card approved recently. To my surprise, my ex-wife's green card also got approved by USCIS. She is the derivative beneficiary of my application. We divorced August this year and I got remarried prior to my green card application. After divorce, I mailed a copy of the dirvoce decree to USCIS. I have just filed my new wife's 485 application as following-to-join. Now i am worried how USCIS will handle my new wife's case. Do I need to inform USCIS again that I have divorced prior to the green card approval? Is there anything I can do as to my new wife's case? Many thanks for you advice.

Submitted: 1 year ago.
Category: Immigration Law
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation.

Can you please clarify:

1) Who petitioned who? Did your ex petition you or vice versa?
2) Who is petitioning who with your new wife's situation?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.


Hi Ely,


1). I petitioned my ex wife. I applied my green card through EB2.


2). I am petitioning my new wife's application.

Expert:  Ely replied 1 year ago.
Thank you for that clarification, D.

Now i am worried how USCIS will handle my new wife's case. Do I need to inform USCIS again that I have divorced prior to the green card approval?

The answer is yes. Rather, the questions on paperwork should ask when you were married and divorced prior so USCIS will already know. In addition, in your cover letter that will go out with the application for your new wife's petition, one may wish to briefly give an overview of when you were previously married and (now) divorced.

However, simply being married and divorced before does not mean that USCIS will not allow one to petition for a new wife. In short, provided that the new marriage is genuine, USCIS should approve the petition.

I hope this helps and clarifies. Good luck.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 1 year ago.

Many thanks, XXXXX XXXXX a few more follow up questions:


1. I am planning to go to an Infopass and provide the information regarding my ex-wife's green card approval. Do you think this would be a good way to proceed? I tried to call USCIS but they refused to answer any questions regarding to my ex-wife's case.


 


2. I already sent out my new wife's application without the cover page you mentioned. I haven't got the receipt notice yet. Do you see any reason USCIS will delay my new wife's application?


 


Thanks,

Expert:  Ely replied 1 year ago.
Please ask much as you need to, for this is why I am here.

1. I am planning to go to an Infopass and provide the information regarding my ex-wife's green card approval. Do you think this would be a good way to proceed? I tried to call USCIS but they refused to answer any questions regarding to my ex-wife's case.

InfoPass will allow you to have a direct conversation with a USCIS agent, although their information may still be somewhat limited. If you are attempting to FIND OUT information, this may be the best way, yes. If you are attempting to SEND NOTICE to the authorities of her possibly manipulating the system, a better way may be to write a letter and include a copy of the decree to the National Visa Center, which issues visas for USCIS:

National Visa Center
Attn: WC XXXXX Suite 200
Portsmouth, NHNNN-NN-NNNN

2. I already sent out my new wife's application without the cover page you mentioned. I haven't got the receipt notice yet. Do you see any reason USCIS will delay my new wife's application?

I doubt it. Believe me, USCIS does their research and is very thorough. So provided that everything was sent in properly, it should be fine. Now, if there was a document missing, they would send a "Request for Evidence" (RFE) back and you can supply it and have them push through the application.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 88194
Experience: Private practice in several areas, including immigration
Ely and 4 other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.


Great! Thank you so much for your promot reply!

Expert:  Ely replied 1 year ago.
You are very welcome. Good luck, and please don't forget to rate my answer in one of top three faces and then SUBMIT – it is the only way I get credit for my time with you – or, please REPLY to keep on chatting – I want you to be satisfied.
Customer: replied 1 year ago.


I am already very satisfied. Just would like to know whether i can still follow up with you in the future.

Expert:  Ely replied 1 year ago.
Hello friend,

You can always find me in the future here.
Customer: replied 1 year ago.


Hi Ely,


A quick followup question, where should I file for my current wife's 485 as following to join? Should I file to Chicago or Texas?


 


Thanks,

Expert:  Ely replied 1 year ago.
-Is your wife currently already in the USA?
-What is her status now?
Customer: replied 1 year ago.


yes, she is in US, H1B

Expert:  Ely replied 1 year ago.
Thank you. So one would be filing an I-130/I-485 package together (unless the I-130 has already been sent separate?).

If the I-130/I-485 is sent together, it is sent to the Chicago lockbox:

For U.S. Postal Service:

USCIS
P.O. Box 805887
Chicago, IL 60680-4120

For Express mail and courier deliveries:

USCIS
FBAS
131 South Dearborn-3rd Floor
Chicago, IL 60603-5517

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.

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