Will my ex-wife be working illegally following our marriage petition withdrawal? (merged)

[Dashinka 24,707]

8 minutes ago, Boiler said:

Putting an application together for an EB2 NIW takes time, and EAD even is expedited is not that quick.

 

More likely she is working on her existing EAD.

Reference the recent update on Page 4.

 

 

[Ontarkie 14,369]

~~Related threads merged. Do Not Start another thread on this topic again. keep all your questions to this one thread and only this thread.~~

[Boiler 45,898]

On 9/17/2019 at 11:00 AM, OllieJ said:

Here's an update if anyone is interested.

 

The divorce was finalized yesterday. I spoke with her a couple weeks ago about what she plans to do with her immigration status to make sure there's no fraudulent VAWA case that can affect me. Although her I-485 and EAD were denied on July 24th after I withdrew the I-130, she told me that she had already received a new EAD card. Her lawyers got it expedited and she's applying for an EB2 visa. She didn't give me specifics, but said it doesn't have premium processing. So that essentially leaves it to an EB2-NIW. I asked her if she is applying for a visa that implicates me in anyway and she assured me that she wasn't. So as far as I know, she isn't filing a fraudulent VAWA case (although she has lied to me repeatedly for the past year). She also told me that her and her father are likely planning to do an EB5 investor visa as well.

 

A couple things that surprised me here is that she's applying for a visa (EB2-NIW), which has very high requirements, like national importance, exceptional ability, published research, usually a PhD, etc. She is a recent masters graduate student working in her first full time position as an analyst at a bank. Seems like more of a means to just have a pending I-485 so she doesn't accrue anymore unlawful presence and reach the 180 bar of inadmissibility and get a 3 year ban and can have a temporary EAD. A pending I-485 for an EB2-NIW can buy her up to 8 months of time until the application is processed, so she has quite some time to figure out what to do, if its with an EB5 or otherwise.

 

She also received the expedited EAD literally within two weeks. I've never heard of someone getting an EAD that quickly. I looked this up and the only reason she could use would be due to severe financial loss of losing her job, essentially saying that she would not be able to survive without working and therefore needs the EAD. She has a bank account with several hundred thousands of dollars in it, which will likely be used toward the EB5 investor visa. Seems untruthful?

 

Thankfully her immigration issues are no longer my problem, however, I found her method to stay here unusual so I wanted to share with you all.

 

 

Looks like we have all been merged back in.

 

Obviously we do not know her time line, her Employer would have needed to file before the divorce to keep her in status., maybe it was filed months ago?

 

Still tend to assume the simple solution.