Advice needed

[musicians_wife 0]

I got married 1,5 year ago to USC which i fell head over heels for and still love very much. We were happy and everything was going great, we bought a house together and all of a sudden he announced that he wants a divorce. Our first AOS interview is scheduled for next month. Now he's pretty much threatening me that if I don't sign a contract giving him a full rights to our house, he will not attend the interview. Simply put, I don't want to be left with nothing so I said that I don't want to sign anything that's one-sided. He said that it's a lose-lose situation for me, cause if he won't go to the interview, I will get deported and our marriage will be automatically annulled so the house will be his anyway. Is this true? What are my options here?

Thanks in advance for the input.

[trillium13 84]

Sounds like you need a lawyer. Maybe 2.

What happened here? There had to be something leading up to all this?

[chinese_mutt 11]

what happened? third party? if he got some extra-marital affair maybe you can file for VAWA(did i get this right?) under emotional and psychological abuse...

[musicians_wife 0]

To tell you the truth, if you asked me last month I'd tell you that we're the happiest marriage on earth. Our friends were envious of the relationship we had, always happy, no disagreements, just perfect. One day he just came back from work and told be that he doesn't wanna be with me anymore. No signs before that whatsoever. He's heavily influenced by his single friends, who encourage him of getting rid of me. I also discovered last week that there was another woman, nothing serious but still. He never let me feel like something was wrong. I'm stunned and lost.

[Anh map 2,098]

His threats about the interview are bogus. You won't get instantly deported and it will have no bearing on your marriage. It is possible for you to adjust status on your own. You would have to show that the marriage was bona fide (not a sham).

You should consult a family law attorney as well as an immigration attorney.

[musicians_wife 0]

Even if it's a first AOS interview? It was bone fide marriage, I have people and pictures and documents plus we own a house together. Of course it was a bone fide marriage.

[JERIII 8]

I got married 1,5 year ago to USC which i fell head over heels for and still love very much. We were happy and everything was going great, we bought a house together and all of a sudden he announced that he wants a divorce. Our first AOS interview is scheduled for next month. Now he's pretty much threatening me that if I don't sign a contract giving him a full rights to our house, he will not attend the interview. Simply put, I don't want to be left with nothing so I said that I don't want to sign anything that's one-sided. He said that it's a lose-lose situation for me, cause if he won't go to the interview, I will get deported and our marriage will be automatically annulled so the house will be his anyway. Is this true? What are my options here?

Thanks in advance for the input.

Sorry about your situation.

Don't sign anything without talking to a lawyer.

If he doesn't go to the interview, you will not be immediately deported, and certainly your marriage will not be "automatically annulled." The very phrase is nonsense. The USCIS has no power over marriages, and your legal rights to property will still exist.

You cannot adjust status on your own unless you have a VAWA claim.

At any rate, as others have said, you need to talk to a lawyer right now.

Good luck.

[English Muffin 59]

It is possible for you to adjust status on your own. You would have to show that the marriage was bona fide (not a sham).

This is NOT true. It's possible to remove conditions based on a good-faith marriage but not AOS.

OP do some research on VAWA, that might be your only option.

[Merrillizer 0]

I got married 1,5 year ago to USC which i fell head over heels for and still love very much. We were happy and everything was going great, we bought a house together and all of a sudden he announced that he wants a divorce. Our first AOS interview is scheduled for next month. Now he's pretty much threatening me that if I don't sign a contract giving him a full rights to our house, he will not attend the interview. Simply put, I don't want to be left with nothing so I said that I don't want to sign anything that's one-sided. He said that it's a lose-lose situation for me, cause if he won't go to the interview, I will get deported and our marriage will be automatically annulled so the house will be his anyway. Is this true? What are my options here?

Thanks in advance for the input.

yeah, thats abuse. Get a copy of his "contract" he wants you to sign. Secretly gather as much evidence as you can and file for a waiver. That bribe ####### is abusive.

[Mononoke28 135]

I'm not sure filing for VAWA will apply here since it is my understanding that it's for battered women. Here's more information about VAWA: http://www.rreeves.com/US_Immigration_Solutions_VAWA.asp

Try talking to your husband and see if you can find some middle ground so you can have your AOS approved. After that, you can file to Remove Conditions by yourself.

Diana

[English Muffin 59]

I'm not sure filing for VAWA will apply here since it is my understanding that it's for battered women.

It doesn't have to be physical abuse for VAWA, it can be mental/sexual/financial abuse too. In fact any kind of abuse.

[Anh map 2,098]

It is possible for you to adjust status on your own. You would have to show that the marriage was bona fide (not a sham).

This is NOT true. It's possible to remove conditions based on a good-faith marriage but not AOS.

OP do some research on VAWA, that might be your only option.

Muffin, a person certainly cannot utilize the VAWA if the marriage wasn't legit. Without both pieces (bona fide marriage and VAWA) the OP will have a difficult time.

OP, get in front of good attorneys to prepare your case.

[English Muffin 59]

It is possible for you to adjust status on your own. You would have to show that the marriage was bona fide (not a sham).

This is NOT true. It's possible to remove conditions based on a good-faith marriage but not AOS.

OP do some research on VAWA, that might be your only option.

Muffin, a person certainly cannot utilize the VAWA if the marriage wasn't legit. Without both pieces (bona fide marriage and VAWA) the OP will have a difficult time.

OP, get in front of good attorneys to prepare your case.

I know, but your initial post intimated that one can AOS based on a bona fide marriage alone and that isn't true. If a person's marriage ends before AOS and they have no grounds to use VAWA there is no way of adjusting status, whether it was entered into in good faith or not.

[Betti 1]

I am sorry this is happening to you.

To me it looks like he is trying to get an easy way out of the marriage with loosing as little as possible. Don't sign anything, the marriage cannot be annuled just because he doesn't show up for the AOS interview.

Do you see the possibility to talk it over with him again? I mean, there ust be a reason why he acts like he does...I hope you have some good friends to supprt you!

[reeses16 8]

Definitely get a lawyer both immigration and family. Regardless of what happens to your immigration status you own the home together. Do not sign the forms he is requesting. Do have a your lawyers review them. And make sure your lawyers are talking to each other, schedule a joint consultation if possible. Even if you are deported, you still have a claim to the home.

The VAWA act does not apply here. English Muffin is correct that VAWA does not apply to AOS but rather ROC. But lets forget this for one moment. The OP states she had a happy marriage and did not claim any abuse- it wouldn't apply here. Yes, emotional abuse does count. But infidelity does not = emotional abuse, as someone suggested earlier.