Can my ex-husband receive green card based my application?
USINFO | 2013-10-25 15:32

 

Question: Our divorce was granted last year and my priority date for my I485 became current and my Green Card was granted. I know my ex loses his derivative benefits due to the divorce, but can my ex make an appeal to INS to have his I485 granted as we have a child together?

Answer:  No.  Once the relationship terminates, ex-spouse’s eligibility ceases.  He cannot appeal the denial of his I-485.  In order for the family members to receive benefits from the principal application, they must maintain the relationship on the date of the principal applicant’s I-485 approval.

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