Wants Divorced Before Green Card

[DoraM 0]

I have a question to all of you because of a good friend of mine.

She got to the USA with fiancee visa and married her husband,Bulgarian and American citizen

The things are very, very bad for her right now,he is ignoring her all the time and abusing her mentally .

She arrived with her son,but since her husband did not want to file the petition for him he left the USA.

She still does not have her green card and is intending to leave to her home country.

She does not have employment authorization card and is absolutely dependent with him.She left her job while coming to the USA and has no money at all to start her life .

Can she stay here for a while, filing for EAD on her own,working for a couple of months and returning later to her home country ?She does not want to be illegal.She wants to get divorced here and since it is all about his fault does she have any chance to win at the court? Does he owe her money for support while she is here?

Can he stop the petition?

At first he told her he needs her ssn,but now he wants her to leave,being afraid she may do something to protect herself.

Thank you

[payxibka 10,047]

I have a question to all of you because of a good friend of mine.

She got to the USA with fiancee visa and married her husband,Bulgarian and American citizen

The things are very, very bad for her right now,he is ignoring her all the time and abusing her mentally .

She arrived with her son,but since her husband did not want to file the petition for him he left the USA.

She still does not have her green card and is intending to leave to her home country.

She does not have employment authorization card and is absolutely dependent with him.She left her job while coming to the USA and has no money at all to start her life .

Can she stay here for a while, filing for EAD on her own,working for a couple of months and returning later to her home country ?She does not want to be illegal.She wants to get divorced here and since it is all about his fault does she have any chance to win at the court? Does he owe her money for support while she is here?

Can he stop the petition?

At first he told her he needs her ssn,but now he wants her to leave,being afraid she may do something to protect herself.

Thank you

She will need an I-485 AOS application ($1,010 and an I-864 from the USC) in order to apply for an EAD (assuming she has been in country 90 or more days).

[Eric-Pris 1,607]

Can't she just file an EAD (I-765) by itself? It costs $340, and she would not need anything from the husband I believe.

[payxibka 10,047]

Can't she just file an EAD (I-765) by itself? It costs $340, and she would not need anything from the husband I believe.

without the I-485 application the I-765 would be filed under category A( 6 ) and it would expire with the I-94... Chances are it won't even be adjudicated before I-94 expiration anyway...

Edited November 17, 2008 by payxibka

[pushbrk 13,116]

Can't she just file an EAD (I-765) by itself? It costs $340, and she would not need anything from the husband I believe.

without the I-485 application the I-765 would be filed under category A( 6 ) and it would expire with the I-94... Chances are it won't even be adjudicated before I-94 expiration anyway...

Filing for EAD alone is a viable K3 option but not for K1.

There ARE options for abuse victims.

Edited November 17, 2008 by pushbrk

[Evgeniya 3]

There are U and T visas that abused victims can apply while being in the U.S. It gives a right to stay and work in the U.S. But your friend will have to call a police on her husband...

[Minya's wife 25]

I have a question to all of you because of a good friend of mine.

She got to the USA with fiancee visa and married her husband,Bulgarian and American citizen

The things are very, very bad for her right now,he is ignoring her all the time and abusing her mentally .

She arrived with her son,but since her husband did not want to file the petition for him he left the USA.

She still does not have her green card and is intending to leave to her home country.

She does not have employment authorization card and is absolutely dependent with him.She left her job while coming to the USA and has no money at all to start her life .

Can she stay here for a while, filing for EAD on her own,working for a couple of months and returning later to her home country ?She does not want to be illegal.She wants to get divorced here and since it is all about his fault does she have any chance to win at the court? Does he owe her money for support while she is here?

Can he stop the petition?

At first he told her he needs her ssn,but now he wants her to leave,being afraid she may do something to protect herself.

Thank you

Let me see if I understand you, and correct me if I'm wrong, please. She came here on a fiancee visa (k-1) and married her fiancee w/in the allotted 90 days, and since then nothing? Now the marriage is not working out, but as no Adjustment of Status has been filed, your friend is unsure of what her options are?

Truth is that after the marriage, but before the filing for to adjust status(i.e. green-card) the foreign spouse is in "limbo" as it were, and since the stated marriage is now becoming not viable, she may have little choice but to return to her home country. But if the husband is abusing her and it ban be proven, there may be another option, but that I think calls for a legal consultation.

Good luck,

-P

[viktoria 0]

I have a question to all of you because of a good friend of mine.

She got to the USA with fiancee visa and married her husband,Bulgarian and American citizen

The things are very, very bad for her right now,he is ignoring her all the time and abusing her mentally .

She arrived with her son,but since her husband did not want to file the petition for him he left the USA.

She still does not have her green card and is intending to leave to her home country.

She does not have employment authorization card and is absolutely dependent with him.She left her job while coming to the USA and has no money at all to start her life .

Can she stay here for a while, filing for EAD on her own,working for a couple of months and returning later to her home country ?She does not want to be illegal.She wants to get divorced here and since it is all about his fault does she have any chance to win at the court? Does he owe her money for support while she is here?

Can he stop the petition?

At first he told her he needs her ssn,but now he wants her to leave,being afraid she may do something to protect herself.

Thank you

She can still stay in the country and work if she is able to proof that she is abused. Yes, he is responsible for her and she can sue him because he petioined her and that`s why he is the sponsor. If it`s her falt they can send her back if he file against her but in case of abuse it`s totally different story. She needs to do very good research and hopefully the other people here can give better advise than me what exactly she needs to do and file. She has very good chances to fix her situation. Call lawyer, some of them give basic information and adivice for free over the phone.

[Boiler 46,116]

She wants to go home, and by thesound of it only wants to work for a few months to pay for ticket.

But the cost and hassle of going through a potential VAWA application is much moe than a potential couple of months income.