Affidavit of Support problem

[MariaMW 0]

Hi,

I actually married a US Citizen while I was visiting on ESTA, so not a K1 visa. Now our paperwork has been processing for a while and we have filed everything for the adjustment of status. According to my lawyer I should get my EAD in a couple weeks time. The problem is that my husband recently filed bankruptcy and his income is too small to be affidavit of support, so his father filed I-864 as my sponsor. Currently we are living in his house too. The problem is that my husband and his father don't get along at all and had a big fight. Now his father is kicking us out of the house and we have nowhere to go. I am also pregnant so even if I get a work permit, I'm not sure anyone will hire me. I am very scared of his father, he shouts and swears at me and physically attacked my husband a few weeks ago. I don't know what to do? What are my rights if I have any? He hasn't said that he would back out of the sponsorship, but he actually is not supporting us. How does it work? Can he back out? Can he throw us on the street? Can he mentally abuse me like that? Does anyone have any ideas, because I live every day in constant fear and worry.

Maria

[Que Saudade 284]

This is a very volatile and unfortunate situation. I can't imagine how you feel right now.

No, he can not mentally, verbally, or physically abuse you. This is domestic violence. You can call the police on him. That within itself is a very scary proposition.

You and your husband need to find a place to live and get out of that environment. There are shelters to help with that process if you have nowhere else as you stated.

Here is a link to the National Coalition Against Domestic Violence NCADV

They have a hotline that may be beneficial for you.

First and foremost, protect you and your unborn child.

I am deeply saddened by your situation

Edit: your husband has no other family?

Edited August 11, 2012 by Que Saudade

[amykathleen2005 441]

If you are not approved for AOS yet you effectively do not have any rights. It is not your spouse abusing you so you can't file VAWA. He doesn't need to support you but he still needs to be your sponsor or find another person. They need to have the paper signed and all of their info for the I-864 at the time of the interview. He can back out until you have your greencard. He can throw you out on the street whenever he wants. Of course he can't mentally abuse you but it is you that is living in his house. Find some place else to go, you don't need him to boss you around.

As a sponsor he does not have to provide you with anything, food, housing, money, that is all up to you to figure out. He is just on the line if you were to file for any means tested benefits. He may be sued for any money from those, but it is unlikely.

[Que Saudade 284]

Of course he can't mentally abuse you but it is you that is living in his house. Find some place else to go, you don't need him to boss you around.

I agreed with your post except with the bolded statement. Regardless she is living in his house, this is criminal domestic violence. Intimidation, verbal abuse, or mental abuse is not tolerated and against the law! I agree they should get out.

Edited August 11, 2012 by Que Saudade

[amykathleen2005 441]

I agreed with your post except with the bolded statement. Regardless she is living in his house, this is criminal domestic violence. Intimidation, verbal abuse, or mental abuse is not tolerated and against the law! I agree they should get out.

I'm not saying he is allowed to do it. But there is a very simple way to solve the problem. Move.

[Anh map 2,098]

*Moved from IR1/CR1 forum to Effects of Major Changes forum*

[del-2-5-2014 1,339]

I'm not saying he is allowed to do it. But there is a very simple way to solve the problem. Move.

You never said he was allowed to, not sure why the other poster had to point that out.

To OP, this is most unfortunate. Hopefully something positive happens very soon.

[jasonofape 17]

You never said he was allowed to, not sure why the other poster had to point that out.

You obviously did not read what the other poster said. He did not claim she said that he was allowed to. He was pointing out the fact that she used the conjunction "but" which implied an exception.

Of course he can't abuse you, BUT it is you living in his house. The fact that she lives in his house gives the father no right to abuse the OP in any fashion shape or form.