HUSBAND DENIES TO SIGN I 864 MENTAL ABUSE

[brazilianwife 0]

I am married for 2 years and half with a US citizen, we filed all the forms for immigration, my I 485 was denied because I left the country without I 512 and reentered with a tourist visa had before (I am in removal proceedings).

My lawyer told me I need to refile all the forms to be legal again, and he said, if I refile, can have my work permit in 30 days and my green card in 90 days.

Now, my husband is abusing me mentally, des not want to sign the I 864, if h does not sign it will be deported.

What should I do, can he be enforced to sign it somehow? Please somebody help me.

[D&R 0]

I am married for 2 years and half with a US citizen, we filed all the forms for immigration, my I 485 was denied because I left the country without I 512 and reentered with a tourist visa had before (I am in removal proceedings).

My lawyer told me I need to refile all the forms to be legal again, and he said, if I refile, can have my work permit in 30 days and my green card in 90 days.

Now, my husband is abusing me mentally, des not want to sign the I 864, if h does not sign it will be deported.

What should I do, can he be enforced to sign it somehow? Please somebody help me.

You can't force someone to sign a document. Why do you want to stay with your husband anyway if he's mentally abusing you?

[brazilianwife 0]

I hav 2 kids, he wants m o leave, but I need a work permit before I leave to support my kids and move on.

[sjoefl01 1]

Brazillianwife,

You need to go to the AOS section of this web site. The removal of conditions that are here are for the 2 year to 10 year green card.

First, I don't trust your lawyer. He has no control over how long this process takes. If he promises 90 days for the card he can't be trusted. You should have him write in the contract that if you don't have the card in 90 days his services are free.

Your husband can't be forced to sign the I864 or support the process at all. Given your removal proceedings, the case becomes even more complicated. I wouldn't want to give bad advice so I will suggest the AOS section again. There are some heavy hitters over there that understand the law much better.

http://www.visajourney.com/forums/index.php?showforum=130

Edited October 15, 2009 by sjoefl01

[justashooter 430]

could be the husband is sending a message that he wants out of the relationship...if the kids are not his, they can always go back to brazil when the deportation is ordered. if they are his, you have a real problem. international child custody is complicated.

[Chica Yeyé 41]

You cannot make him sign anything - that much is clear. Since you did not adjust status (for whicever reasons), chances are your permanent residence could possibly already be lost. Your best bet is to go home. If the children are not his, he has no obligation. Sorry you are under such stress; but I'd rather tell it like it is than sugarcoat it for you.

[Brother Hesekiel 2,236]

Brazilianwife,

I, too, don't see much light for you at the end of the tunnel. Your I-485, filed for you by your husband as the petitioner, was denied due to something you did (leaving the country and reentering with a B2). Now that you are in removal proceedings, your husband would have to file the I-485 for you again, which I assume he refuses as much as he refuses to sign an I-864 for you.

Basically, it appears that your husband has no interest in helping you with the AOS in any way and wants to end the marriage in some way or another. At this point, as a non-immigrant facing eventual deportation, you really have no status in the US that would allow you to fight USCIS's decision successfully on your own.

You are stating that you "need a work permit before you leave" in order to support your kids. That I dont' quite understand. With a work permit, you can work in the US to provide for your kids, but why then leave? But if you leave, you can provide for your kids in Brazil immediately upon your return, can't you?

That aside, since you are still married, your husband is legally required to provide for you and your kids. If you have no place to stay and nothing to eat, social services will help you and then eventually get the money back from your husband.

Since the AOS was denied, you will most likely have to, at some point, leave the US, as hard as that may be for you emotionally and financially. Depending on whether your kids are USCs or Brazilian nationals, they may stay with their father in the US or go to Brazil with you, their mother.

[visacheck 3]

Just Bob:

I think she meant leave the house and husband and not leave the country.

Brazilianwife:

Sorry but you cant force your hubby to sign anything.