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Can contested divorce filed by Indian wife, delay my employment based greencard

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Pun123456

Junior Member
My employer filed for green card 7 years ago. I got married in 2016 to an Indian girl while I was on H1B and she came to USA on H4.i paid her insurance and taxes.she left for india in feb 2017 and filed for divorce .my father is appearing in Indian court on my behalf. I am apprehensive about my green card.will USCIS ask me to finalize my divorce as a condition to get green card. If I keep on telling them that I am still married then will I be asked for my wife presence proof?I got my H1b renewed twice for three years each time but this time my H1b got renewed for one year till October 2018
 


FlyingRon

Senior Member
If she is not in the US any longer, it shouldn't be an issue. Frankly, even if she was in the US, it shouldn't be an issue unless there's something criminal going on or the marriage wasn't in good faith to begin with.
 

SMS3ACE

Junior Member
My employer filed for green card 7 years ago. I got married in 2016 to an Indian girl while I was on H1B and she came to USA on H4.i paid her insurance and taxes.she left for india in feb 2017 and filed for divorce .my father is appearing in Indian court on my behalf. I am apprehensive about my green card.will USCIS ask me to finalize my divorce as a condition to get green card. If I keep on telling them that I am still married then will I be asked for my wife presence proof?I got my H1b renewed twice for three years each time but this time my H1b got renewed for one year till October 2018
Until the divorce is finalized, you are married to a non-us citizen. She left the United States or is in the united states does not matter.

Divorce has no impact on your green card application unless the marriage and divorce was not in good faith. Don't stress yourself. Finalize the divorce and continue your employment like you did before. USCIS does not need to know about a pending divorce. If you need further assistance or specific, you should speak to an immigration attorney.
 

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