Need Advice

[smurfett 0]

first of all, happy new year to all of you here

i've some question for my friend here, i want to keep for myself but i can't, need to help her to find solution

Ok here is the story. she came to USA 1 year couple months ago and married already but not process AOS yet. last time she told me about her husband who seems have a problem with alcohol. he is like addicted ( not everyday but most of weekend being crazy etc not abused her at all )

she just can't take the situation like that because what she wants is normal husband, who can talk with normal situation and i think she is really worry a lot for his health )

once time her husband said doesn't have money to afford her GC, do by your own, pay with your own money.

question is : she feel sick couple days ago, being like this, feels like a fool, every morning after a nite before husband got drunk and morning forgot everything, always like that. so she asked me one time, can i sue him not be responsible?

1. can she sue her husband for being not responsible asked her to pay for own her GC?

2. how if let say she already get GC, and can she do divorce and still live in USA?

3. how if her husband die, and she still doesn't have GC yet? what will happen to her? will she has to go back to her country? or she can file her own GC ?

i think that's all same questions she always asked me and i don't know the answer too

thanks for the help

[Hypnos 6,576]

1) No.

2) She cannot both file for a marriage-based AoS and divorce her husband at the same time, it's one or the other. The only exception would be filing for VAWA, but it does not sound as if she has a VAWA case.

3) Not sure I'm comfortable answering this one...

[smurfett 0]

1) No.

2) She cannot both file for a marriage-based AoS and divorce her husband at the same time, it's one or the other. The only exception would be filing for VAWA, but it does not sound as if she has a VAWA case.

3) Not sure I'm comfortable answering this one...

Thanks hypnos for the answer

[Brother Hesekiel 2,236]

first of all, happy new year to all of you here

i've some question for my friend here, i want to keep for myself but i can't, need to help her to find solution

Ok here is the story. she came to USA 1 year couple months ago and married already but not process AOS yet. last time she told me about her husband who seems have a problem with alcohol. he is like addicted ( not everyday but most of weekend being crazy etc not abused her at all )

she just can't take the situation like that because what she wants is normal husband, who can talk with normal situation and i think she is really worry a lot for his health )

once time her husband said doesn't have money to afford her GC, do by your own, pay with your own money.

question is : she feel sick couple days ago, being like this, feels like a fool, every morning after a nite before husband got drunk and morning forgot everything, always like that. so she asked me one time, can i sue him not be responsible?

1. can she sue her husband for being not responsible asked her to pay for own her GC?

2. how if let say she already get GC, and can she do divorce and still live in USA?

3. how if her husband die, and she still doesn't have GC yet? what will happen to her? will she has to go back to her country? or she can file her own GC ?

i think that's all same questions she always asked me and i don't know the answer too

thanks for the help

You are mixing up to issues: alcohol and immigration.

So let's separate them.

1) Alcohol

Your friend cannot help her husband to get off drugs if he doesn't want to. As an expert once told my friend whom he labeled as an enabler, the addict needs to hit rock bottom, wake up in his own urine and vomit and make the determined decision to change his life. Until that happens, nothing really happens.

2) Immigration

Being married for a year and not filing for AoS is a form of mental abuse. However, claiming spousal abuse via VAWA is a very slippery slope, so the wife should find a way to secure the $1,490 needed for AoS and then tell her husband that money is no longer the issue. If he then still refuses to help his wife becoming legal again, he's a scumback. If he participates and makes enough for the mandatory Affidavit of Support, she can get her Green Card. If she after a while decides that she can't save the marriage and opts for divorce, she can still stay in the United States.

[Villanelle 4,122]

1. can she sue her husband for being not responsible asked her to pay for own her GC?

You cant 'sue' your spouse to force them to pay for something. Does she have an EAD card? Is she able to work and earn her own money towards the GC? If so then she should consider saving up towards it herself. In some marriages couples split expenses equally, in other marriages couples keep their finances separate.

As the other poster mentioned, the USC refusing to file AOS is a form of abuse, but that in itself is not enough to file a VAWA claim (which is what the immigrant would need to do to file AOS on her own) You can read the VAWA threads or google it to find out more about VAWA and see if possibly there is more to the story you didnt post, that maybe does make their situation a VAWA situation- but for her to have valid VAWA claim she would have to prove shes a victim of extreme cruelty by her husband; suffers from ptsd, depression,anxiety, has a psychological report etc.

2. how if let say she already get GC, and can she do divorce and still live in USA?

With this question youre moving into a more grey area. Were assuming she now has her GC, meaning that she stayed with her husband whom youve described that shes 'unhappy' with above long enough to apply for AOS, get approved, have the GC issued, and now is seeking a divorce... This is sort of like a 'premeditated divorce'. Or GC fraud. She would be applying for AOS with the intent of obtaining a GC knowing once she has it, she will be divorcing her husband and filing ROC on her own. (While she can technically do this, because no one knows her true intentions besides her- it is wrong, and if she is caught, her card/status will be revoked)

3. how if her husband die, and she still doesn't have GC yet? what will happen to her? will she has to go back to her country? or she can file her own GC ?

This Im not 100% sure about. I know there are many types of waivers available for filing when petitioners die at different points in the process, depending on where the immigrant is in the process.

[Jahwaree 83]

If he dies? she think he'll die soon? careful whats put on the net hope he stays ok