What are my rights?

[KoshkaMoshka 0]

Hi!

just wanted to ask and will be grateful for any help..I living in usa 3 years,my husband is american but all these years i couldn't work,drive a car cause i don't have docs,GC..i stuck in fbi name check since april 2005 and still nothing...now my husband wants to divorce with me and saying i go back to russia and that's it,giving him uncoditional divorce...is it true?all these years i wanted to work,to have a family and for everything what i did-he just sending me back?And he's saying I don't need a lawer,i don't have rights here,he's my sponsor and he can cancel everything...thanks for any help

[Mags 112]

Yulya ~ I've split your post from the thread it was in originally and placed it in this forum. Hopefully you'll be able to get more help here. Good luck.

[pushbrk 12,883]

Hi!

just wanted to ask and will be grateful for any help..I living in usa 3 years,my husband is american but all these years i couldn't work,drive a car cause i don't have docs,GC..i stuck in fbi name check since april 2005 and still nothing...now my husband wants to divorce with me and saying i go back to russia and that's it,giving him uncoditional divorce...is it true?all these years i wanted to work,to have a family and for everything what i did-he just sending me back?And he's saying I don't need a lawer,i don't have rights here,he's my sponsor and he can cancel everything...thanks for any help

Ouch. Well, if I understand you correctly, your status adjustment is not yet approved. If so, I believe your sponsor does have the right to withdraw his affidavit of support. The result is that your status adjustment would not be completed and you would not be able to adjust status based on the marriage.

Did you arrive on a K1 or K3 visa?

You may have some avenue of status adjustment left to you but you would need to consult an immigration attorney to find out. Many communities have free or low cost legal clinics to assist people in your situation.

You absolutely do have legal rights with regard to the divorce. You may have rights to spousal support or some property settlement regardless of your immigration status. Again, many communities have free or low cost legal clinics to assist in these matters also.

[diadromous mermaid 36]

Hi!

just wanted to ask and will be grateful for any help..I living in usa 3 years,my husband is american but all these years i couldn't work,drive a car cause i don't have docs,GC..i stuck in fbi name check since april 2005 and still nothing...now my husband wants to divorce with me and saying i go back to russia and that's it,giving him uncoditional divorce...is it true?all these years i wanted to work,to have a family and for everything what i did-he just sending me back?And he's saying I don't need a lawer,i don't have rights here,he's my sponsor and he can cancel everything...thanks for any help

Ouch. Well, if I understand you correctly, your status adjustment is not yet approved. If so, I believe your sponsor does have the right to withdraw his affidavit of support. The result is that your status adjustment would not be completed and you would not be able to adjust status based on the marriage.

Did you arrive on a K1 or K3 visa?

You may have some avenue of status adjustment left to you but you would need to consult an immigration attorney to find out. Many communities have free or low cost legal clinics to assist people in your situation.

You absolutely do have legal rights with regard to the divorce. You may have rights to spousal support or some property settlement regardless of your immigration status. Again, many communities have free or low cost legal clinics to assist in these matters also.

OP's profile indicates K-1. Unfortunately, that provides fewer, if any, options without a significant uphill legal battle or a qualified abuse claim.