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linijka

Petitioner refuses to support depended during AOS interview after filing I-485

By linijka in Diversity Lottery Visas

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linijka Rookie

linijka   0

Posted
Filed: H-1B Visa Timeline
Posted

Hi,

my husband was selected in DV lottery. I just filed I-485 with all supporting documents. After few years of fights we decided we should get the divorce. He wants it ASAP. He's H1B visa, I'm on H4 visa. I was supporting his carrier for the past 5 years hoping that soon I can go back to work (I'm mechanical engineer).Now he says that he will not support my application and I can pack my bags and go back to my home country.

We have a daughter that's 5 and have been married for that long. I want to stay in US so she can have contact with her dad.

Is there anything that can be done except making amends with my husband?

Boiler Grand Master

Boiler   45,584

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

No, your status is dependent on being married.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Sm1smom Collaborator

Sm1smom   253

Posted
Filed: Timeline
Posted

Hi,

my husband was selected in DV lottery. I just filed I-485 with all supporting documents. After few years of fights we decided we should get the divorce. He wants it ASAP. He's H1B visa, I'm on H4 visa. I was supporting his carrier for the past 5 years hoping that soon I can go back to work (I'm mechanical engineer).Now he says that he will not support my application and I can pack my bags and go back to my home country.

We have a daughter that's 5 and have been married for that long. I want to stay in US so she can have contact with her dad.

Is there anything that can be done except making amends with my husband?

Unfortunately, the only way you can remain in the US for now is to settle things with your husband, your current status is dependent on being married to him.

Also, your DV AOS is dependent on being his derivative. If the AOS package you filed does not include your husband's application, it will most likely be denied since he's the PA. His DV petition has to be approved in conjunction with yours, or prior to your own petition. You have no claim to the DV selection without his cooperation. Sad to say, you have no legal standing on your own right now unfortunately.

SusieQQQ Grand Master

SusieQQQ   11,586

Posted
Filed: Citizen (apr) Timeline
Posted (edited)

We cannot file for divorce for at least another 9 months, we just moved to NY and don;t meet residency requirements for divorce.

The AOS package includes both his and mine documents.

Well then prima facie to me it looks like you will be ok, as you will have your green card before the divorce. The DV green card is unconditional, so as soon as you actually get it you don't need your husband for residence status anymore. Although I'm not sure by what he means won't support you in interview. You will still be married after all. He doesn't need to show any financial support for you for this and I would have though he would want his child near him, who I presume is listed as a derivative as well? Edited by SusieQQQ
SusieQQQ Grand Master

SusieQQQ   11,586

Posted
Filed: Citizen (apr) Timeline
Posted

If he does not file for you, then tell him you will object to him filing for his son. It's both or none.

Doesn't sound like he cares about the child. Sadly being an ###^ is not grounds for denial of a DV visa.

OP may have better leverage by refusing to grant him a divorce ... I'm sure there would be a way around that for him eventually but it may be easier then for him to just grin and bear it and do the interview with her.

CowBoE Proficient

CowBoE   429

Posted
Filed: AOS (pnd) Country: China
 Timeline
Posted

Hi,

my husband was selected in DV lottery. I just filed I-485 with all supporting documents. After few years of fights we decided we should get the divorce. He wants it ASAP. He's H1B visa, I'm on H4 visa. I was supporting his carrier for the past 5 years hoping that soon I can go back to work (I'm mechanical engineer).Now he says that he will not support my application and I can pack my bags and go back to my home country.

We have a daughter that's 5 and have been married for that long. I want to stay in US so she can have contact with her dad.

Is there anything that can be done except making amends with my husband?

Sometimes divorce is a better option for happier life for both,

but if relationship breaks up, both parties can still cooperate for smoother and mutually beneficial ending...

What an idiotic husband and father he is.

If mother is negatively effected, the child in between will suffer the most...

Hopefully he cares enough for his child to make sure your life will be also stable...in US as you wish.

10-04-2013 We met online
11-21-2013 We met in person in Shanghai for 2 weeks

12-13-2013 I-129F packet sent via express

12-19-2013 USCIS NOA #1 (text and email) received

12-24-2013 USCIS assigns Alien Registration Number
12-31-2013 USCIS NOA #1 hard copy received
06-02-2014 USCIS web site shows NOA #2 approval
06-06-2014 USCIS web site shows case sent to NVC

06-xx-2014 Fiancee acquired birth, marriage, and police certificates from local police station (wrong)

06-16-2014 NVC creates case with GUZ### number

06-19-2014 NVC sends case sent to Guangzhou, China
06-24-2014 Received packet 3 express mail from embassy
06-25-2014 Completed DS-160 and paid K1 visa fee

06-26-2014 Mailed packet 3 response back to Embassy

06-26-2014 Requested police certificate from Russian embassy

07-08-2014 Received packet 4 email from Embassy

07-17-2014 Picked up Russian police certificate

07-25-2014 Fiancee medical exam (received MMR & Varicella, but they missed required TD shot)

07-31-2014 Picked up medical exam reports

08-01-2014 Request (correct) birth, marriage, and police certificates from Notarial Service (GongZhengChu)

08-06-2014 Picked up birth, marriage, and police certificates from Notarial Service

08-14-2014 Passed Interview Guangzhou embassy

09-01-2014 Received passport, visa, & sealed envelope

09-13-2014 POE

09-17-2014 Went to CBP office to get (US entry) I-94 updated correctly

09-18-2014 Applied for Social Security Card
09-19-2014 Applied for Marriage License (via online)
09-25-2014 Received Social Security Card
09-30-2014 Picked up Marriage License
10-09-2014 Marriage by Justice of Peace
10-09-2014 Got Certified Marriage Certificate Copies
10-17-2014 Received a letter from SS office that they need the marriage license
10-09-2014 Applied to change the social security card name
10-24-2014 Went back to SS office to provide the marriage certificate documents again!!!
12-09-2014 Submitted AOS, EAD, and AP
12-16-2014 Received 16 emails and 16 text NOA messages
01-05-2015 Received Biometrics appointment letter for (01-12-2015)
01-12-2015 Had Biometrics (fingerprint & picture) - Required Marriage Certificate!!!
02-17-2015 EAD and AP is approved
02-23-2015 Received AP is approval letter
02-25-2015 Received EAD/AP combo card (expires 02/16/2016)
02-27-2015 Applied for SS card name change (they took her SS card)
02-27-2015 Driver's learner permit test was denied since the SS card was given to SS office for name change
03-17-2015 Received SS card with married name
03-17-2015 Started to change all her accounts to married name
03-23-2015 Received potential interview waiver letter
03-27-2015 DMV rejects learner's permit due to "legal status=pending" and vision test failure
04-05-2015 Vision test for learner's permit
04-06-2015 DPS sent us letter that DHS cleared my wife's status to acquire driver's license.
04-10-2015 Passed Driver Learner's Permit
04-22-2015 Received Driver Learner's Permit ID card (expires 02/16/2016)
08-27-2015 Green Card approved
08-31-2015 Received Green Card "Welcome Notice Was Mailed" letter
09-05-2015 Received Green card
10-26-2015 Passed Driver's License Road Test (on 3rd attempt)
11-03-2015 Received Driver's License (expires 02/16/2022)
11-06-2015 Applied to remove conditional work remark on SS card
11-23-2015 Received updated Social Security Card.
- - - - - - - - - - Pending Future Processing - - - - - - - - - -
05-27-2017 File 10 Year Green Card
08-27-2017 2 Year Green Card Expires
05-27-2018 File USC

Boiler Grand Master

Boiler   45,584

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Surprised nobody has mentioned VAWA.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Boiler Grand Master

Boiler   45,584

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Hubby is neither a USC or LPR.

Hubby will be a PR. VAWA would then be possible.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Boiler Grand Master

Boiler   45,584

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Mention of fighting?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Hypnos Grand Master

Hypnos   6,576

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

VAWA is being causally suggested far too often. It's for extreme abuse cases only, not for every argument that eventually wins up in divorce.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

 
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