husnand ruined my life now what?!

[affie 1]

Hi all! Its my first time posting here and I'm new to the forum. I need a,little advice on my situation which I'll make really short because the long version will be too long. Married my husband almost 2 years now, out of good faith, trusting he was "the one". Before I married him I had a,great career and beautiful life, I was promised things can only get better. I was in love,so I trusted him. Basically he's made me spend all my savings,left me with an apartment and bills,in our name I can't afford, given me anxiety, racked up hospital bills because of my anxiety. He also moved out and tries to pop in and,out of my life as he chooses and when ever I mention divorce he's threatened me, begged me don't leave because he knows how much I love him so I always,take him back then he comes for a,short time and goes back to the road (he is,a,trucker) and doesn't take my calls for months at a,time. Recently he's had multiple women messaging me and telling me to leave him alone saying they're sleeping with him. he says that he doesn't know if I will leave him if he gives me my green card ECT. I married this man out of pure love, he's destroyed my life,I would like to go back to my home country but if I do then I won't be able to come back to the USA, my line of work requires me to travel all over including the USA, my fiance visa is long expired. I just don't know what to do.

[belinda63 3,041]

The only way your overstay will be forgiven is to obtain a green card. The only way you can obtain a green card is with your spouse's cooperation. Tough decisions to make here.

[Fan_Dancer 171]

So he is the American and you are the one who moved to the US? Do you have your green card?

[Ryan H 3,819]

Moved from Introducing Our Members forum to Effects of Major Family Changes on Immigration Benefits forum.

[Boiler 45,921]

Sounds like she overstayed a K1.

[Sandra G. 5,057]

Affie find a good lawyer to discuss about filing for your AOS (based in the Matter of Sesay) . K-1 can adjust status even if the marriage ended without an adjustment of status application having been filed.

[Boiler 45,921]

It would be a stretch..

[affie 1]

Hi all...... No I do not have my green card, he started the process and paid most of the fees but refuses to finish paying or co-operate any further.

[Ryan H 3,819]

***One post containing belittling language towards another member (a TOS violation) has been removed along with a post quoting. Please confine your posts to addressing the OP's situation without resorting to personal attacks, belittling, language, etc. Any more posts that are not constructive to the discussion will result in a thread ban plus any other Administrative Action if warranted.***

[Boiler 45,921]

One of my posts now makes no sense.

Anyway you first need a divorce and then a good immigration lawyer, see post above.

Actually I would start with Lawyers for both Immigration and Divorce at the same time.

[Hypnos 6,578]

As Sandra indicates, a Matter of Sesay adjustment is probably the only relief available to you. You should consult with an experienced immigration attorney familiar with that precedent.

[Karam and Jamie 44]

Hi all! Its my first time posting here and I'm new to the forum. I need a,little advice on my situation which I'll make really short because the long version will be too long. Married my husband almost 2 years now, out of good faith, trusting he was "the one". Before I married him I had a,great career and beautiful life, I was promised things can only get better. I was in love,so I trusted him. Basically he's made me spend all my savings,left me with an apartment and bills,in our name I can't afford, given me anxiety, racked up hospital bills because of my anxiety. He also moved out and tries to pop in and,out of my life as he chooses and when ever I mention divorce he's threatened me, begged me don't leave because he knows how much I love him so I always,take him back then he comes for a,short time and goes back to the road (he is,a,trucker) and doesn't take my calls for months at a,time. Recently he's had multiple women messaging me and telling me to leave him alone saying they're sleeping with him. he says that he doesn't know if I will leave him if he gives me my green card ECT. I married this man out of pure love, he's destroyed my life,I would like to go back to my home country but if I do then I won't be able to come back to the USA, my line of work requires me to travel all over including the USA, my fiance visa is long expired. I just don't know what to do.

Wow, so sorry to hear this. Some people are so heartless

[KayDeeCee 4,895]

Affie find a good lawyer to discuss about filing for your AOS (based in the Matter of Sesay) . K-1 can adjust status even if the marriage ended without an adjustment of status application having been filed.

What about this USCIS document that states the USCIS does not agree that one can adjust without an I-864? > http://www.uscis.gov/sites/default/files/USCIS/Outreach/Notes%20from%20Previous%20Engagements/2012/March%202012/AILA_Field_Ops_32112_Cleared.pdf

Question 1b: Please confirm that an I-864 affidavit of support is not required for a K-1 applicant for

adjustment under Sesay, since a K-1 does not adjust under INA §204.

Response: USCIS does not agree with this contention.

A K-1 seeking adjustment must establish admissibility. 24 I&N Dec. at 441. As the Board held in Sesay,

the K-1 adjusts as an immediate relative. For this reason, INA 212(a)(4)© clearly requires the alien to

have an Affidavit of Support, Form I-864, completed by the original sponsor, i.e., the U.S. citizen who

petitioned for the nonimmigrant K visa. The K-1’s eligibility for classification as an immediate relative

has always been predicated on the Form I-129F. 25 I&N Dec. at 439. The affidavit of support rule

reflects this practice, by treating the Form I-129F petitioner as the equivalent of an I-130 petitioner. 8

CFR 213.2(b)(1).

If the alien and the original sponsor are divorced, the K-1 may adjust so long as the original sponsor

already executed a Form I-864 or is willing to do so. Divorce on its own does not end the I-864

obligation. If the original sponsor never executed a Form I-864, and is not willing to do so, the K-1 will

be inadmissible as a public charge.

Note that if the K-1’s marriage ends by death, it is likely that the K-1 would be able to adjust as the

widow(er) of the citizen petition. In that situation, no I-864 is required.

[D N Medellin COL 75]

To the OP, never forget that "this too shall pass". These few years and all the effort, energy, love and expectations down the drain will pass in time. Be strong and do what you need to do to care for yourself.

Prayers!

[affie 1]

Thanks for all your answers, greatly appreciated.