is it possible to AOS without your partner

[caisie 0]

This is a difficult situation im in right now and any help would be greatly appreciated.

I came to the US on a K3 visa and was awaiting the I-130 to be approved so i could travel back to the uk ,that now is not going to happen. I have found out my husband takes drugs and was arrested before i arrived in the usa which he conveniently forgot to tell me about ,that is not the first time its happened.

He has other outstanding offences with the courts and again didnt tell me about them.

I no longer want to be with him and want to leave but how can i stay here in the usa or do i definately have to leave as no AOS has been done.

I have children here and settled in school i really dont want to unsettle them to take them back to UK i have nothing there anymore no home no job nothing .

I will get a lawyer if i know i can stay here but no point if i cant so any comments would be appreciated

many thanks

caisie

[pax 0]

I don't believe you can attempt AOS without your husband unless there is documented abuse, in which case you can file for AOS under VAWA (the Violence Against Women Act).

In which case, though, I'd recommend you seek highly competent legal advice ASAP.

[pri 0]

i agree with pax hire a good attorney

[caisie 0]

Ty for your replies . He hasnt actually abused me by hitting me but verbally he has, does that count? I have the offer to go stay with a friend in Arkansas i just wanted to know my otpions about staying in the states . This whole situation is a nightmare

[pax 0]

I know that extreme emotional cruelty does also count as abuse under VAWA, but what kind of documentation do you have, if any? Have you ever called the police? Have you sought counseling or shelter?

I don't think most people on VJ are going to be able to help you much, unfortunately. We did have one post-er here that I knew of, Shona, who was seeking to adjust status this way, but I haven't seen her post in quite a long time and I don't know how far she got. I have no idea, and I don't think many other people here will either, how long the process might take or how to go about it.

Good luck, in any event. You're facing a very difficult set of both personal and legal circumstances.

[raymaga 25]

Sorry to hear about your situation. At least you know that you do not want to be with your husband and that you want to get on with your life with your children.

I agree with the other posters that you should seek some legal advice on your options. Lots of lawyers offer free (or very cheap) first time consultations, so you could call around and find one in your area. We saw a lawyer early in our immigration process, and they only charged us a small first-time consultation fee for the service and they answered all our questions, so we didn't need to return again.

It might be well worth the money to find out your legal options.

Best of luck to you and your children.

[ChristinaM 0]

Can one not adjust based on the fact that the marriage was in good faith?

[Euro 3]

Can one not adjust based on the fact that the marriage was in good faith?

Thats what i thought too, if she entered into the marriage in good faith, which it seems she did, its not her fault her husband turned out to be a liar!!!

[pax 0]

She could petition to remove conditions without her husband, based on a bona fide marriage. But I don't think she can initially adjust without her husband, barring an abusive situation.

What works in her favor (if you can call it that) is the fact that we're dealing with someone charged with fairly serious crimes and guilty of pretty big-time deception. That alone might qualify as abuse under VAWA. But I have no idea.

Again, I don't think this is a DIY. She'll need a good attorney if she wants to attempt to stay in the country.

(This situation is a good reminder of why the IMBA isn't such a bad idea.)

Edited February 28, 2006 by pax

[Euro 3]

Whats IMBA??<<is this a stupid question

[pax 0]

I'm still not totally sure of how it's supposed to work and I believe that for now it only applies to couples who meet through international marriage brokers, but it's the International Marriage Brokers Act which requires that foreign fiances/spouses be advised of any criminal acts in the USC's past. They must also be provided of a statement of their rights in case of abuse.

I don't know that it would have made a difference here, though. Which begs the question of whether or not it will really be effective.

But that's neither here nor there. The OP here is obviously a victim of a major deception, and we have to deal with that situation as it is.

[caisie 0]

Thank You for your replies, i shall seek attorney help as soon as possible.

I think il be leaving the country in all reality i mean once divorced doesnt the k3 visa become void?

[Autumnal 25]

To be honest, I would talk to the lawyer or attorney before making any decision. It sounds as though you're in a very complicated situation and a seasoned immigration lawyer specializing in dealing with the appropriate laws will probably have a much better description of events than we will.

I'm sorry I can't provide much more information than that. If you can demonstrate signs of abuse, and also if you were describing the different offenses with the fact you didn't know, USCIS may go in your favour.

[one_coolchiq 0]

Ty for your replies . He hasnt actually abused me by hitting me but verbally he has, does that count? I have the offer to go stay with a friend in Arkansas i just wanted to know my otpions about staying in the states . This whole situation is a nightmare

- yes definitely consult a lawyer. Before i came here we went to a counselling org. for filipino's so thst when something came up we know how to deasl with it. They gave us numbers to call in case our husband did something like abuse us verbally or physical. I'm sure there are private agency that helps woman. Btw they assured us we can still file for AOS even if were alone.

[dmartmar 1]

Ty for your replies . He hasnt actually abused me by hitting me but verbally he has, does that count?

No, it does not count.

Can one not adjust based on the fact that the marriage was in good faith?

Yeah, after divorce, not before.