Need Urgent help

[junaid90034 0]

Hi to All,

I came to USA on H1 but i am out of status right now and wants to apply for adjustment of status.

i need help/advise from the forum community with my situation/hell i am going through. Here is my story....

i met his girl three years ago when i was in chicago, we dated for a while then i had to move to Los Angeles for work, we kept talking and then she visited me three four times, we get serious and we decided to take this relationship to the next level and i proposed her, she said yes and we decided that she will move here after the wedding and we will live in Los Angeles.

The day came and we got married in Vegas, after the wedding she said she will go back to Chicago for couple of weeks to finish some unfinished business and then move here for good, she went back and then my nightmare started, she asked me to send some money coz she resigned from the job which was understandable so i sent her money and after couple of weeks i asked her when she is coming back to which she responded that she needed more time to finish up everything, i said OK, but then asking for money became a habit, realizing she is just using me for money i stop sending her the money and asked her to come back or i am going to divorce, and she started threatening me with how she is going to report me to immigration and put me behind bars and everything. four months passed and then one day she texted me and told me that she was on drugs heroin, and that she kept it from me coz she didn't want to lose me. i have never touched any drugs or alcohol in my life so i had no idea why she was behaving strange.

she apologized me and told me that she is on methadone maintenance program and now she wants to move back and have life with me, so i asked her to come.

after coming back she was behaving good for couple of weeks and then the old thing, lying, smoking weed all day and night in my apt. i have a full time job as a IT professional and now i cant even sleep because of the smoke and tv running all night and if i object she just make that face and tells me that remember "i can send you back or i will report you to the immigration" my life is living hell right now and i dont know how deal with this thing the only time she seems happy when she gets money from me. what are my choices with my Adjustment of status case.

Edited December 29, 2015 by junaid90034

[TBoneTX 46,295]

Welcome to the forum.

*** Thread moved from AOS/Family-Based forum to the "AOS from WS&T Visas" forum -- OP seeks to adjust from an H visa. ***

[aaron2020 11,651]

There is only one choice - she files to adjust you and provide evidence of a bona fide marriage.

You can not file by yourself. She needs to file for you. If she chooses not to file for you, you can not adjust status. You need her to get a green card.

If she applies to adjust you, then you would need to provide evidence of a bona fide marriage - i.e., evidence of shared bills, shared bank accounts, shared address, etc.

[HafsaJawwad 39]

I don't think this is quite right. If he would apply for AOS, he would be the applicant and she would not have much to do with the application process besides being his financial sponsor. My husband and I are going through AOS now and when I called USCIS, they would not even talk to me about the case. And were kind of rude.

Sounds like you first need to focus on your marriage life and get that settled first. Once you get that figured out, it would be easier to see what move you want to make next. If you want to stay married, file for AOS based on your marriage to a USC. If you want to get divorced, you can try AOS based on your marriage being entered in good faith and go for some kind of waiver? Can you extend your H-1B? Is it possible for you to go for a PERM?

Have you thought about going back home?

[junaid90034 0]

I don't think this is quite right. If he would apply for AOS, he would be the applicant and she would not have much to do with the application process besides being his financial sponsor. My husband and I are going through AOS now and when I called USCIS, they would not even talk to me about the case. And were kind of rude.

Sounds like you first need to focus on your marriage life and get that settled first. Once you get that figured out, it would be easier to see what move you want to make next. If you want to stay married, file for AOS based on your marriage to a USC. If you want to get divorced, you can try AOS based on your marriage being entered in good faith and go for some kind of waiver? Can you extend your H-1B? Is it possible for you to go for a PERM?

Have you thought about going back home?

I have a job offer in Australia and i am considering it, just want to clear this mess up before i leave and wanted to weigh in my options.

[aaron2020 11,651]

I don't think this is quite right. If he would apply for AOS, he would be the applicant and she would not have much to do with the application process besides being his financial sponsor. My husband and I are going through AOS now and when I called USCIS, they would not even talk to me about the case. And were kind of rude.

Sounds like you first need to focus on your marriage life and get that settled first. Once you get that figured out, it would be easier to see what move you want to make next. If you want to stay married, file for AOS based on your marriage to a USC. If you want to get divorced, you can try AOS based on your marriage being entered in good faith and go for some kind of waiver? Can you extend your H-1B? Is it possible for you to go for a PERM?

Have you thought about going back home?

She would need to file an I-130 for him. He can not adjust without her I-130.

Edited December 29, 2015 by aaron2020

[HafsaJawwad 39]

She would need to file an I-130 for him. He can not adjust without her I-130.

Ah yes because he has to adjust based on a relationship. This is the petition to prove the relationship. I forgot about this.

[Ben10 2]

Hi to All,

I came to USA on H1 but i am out of status right now and wants to apply for adjustment of status.

i need help/advise from the forum community with my situation/hell i am going through. Here is my story....

i met his girl three years ago when i was in chicago, we dated for a while then i had to move to Los Angeles for work, we kept talking and then she visited me three four times, we get serious and we decided to take this relationship to the next level and i proposed her, she said yes and we decided that she will move here after the wedding and we will live in Los Angeles.

The day came and we got married in Vegas, after the wedding she said she will go back to Chicago for couple of weeks to finish some unfinished business and then move here for good, she went back and then my nightmare started, she asked me to send some money coz she resigned from the job which was understandable so i sent her money and after couple of weeks i asked her when she is coming back to which she responded that she needed more time to finish up everything, i said OK, but then asking for money became a habit, realizing she is just using me for money i stop sending her the money and asked her to come back or i am going to divorce, and she started threatening me with how she is going to report me to immigration and put me behind bars and everything. four months passed and then one day she texted me and told me that she was on drugs heroin, and that she kept it from me coz she didn't want to lose me. i have never touched any drugs or alcohol in my life so i had no idea why she was behaving strange.

she apologized me and told me that she is on methadone maintenance program and now she wants to move back and have life with me, so i asked her to come.

after coming back she was behaving good for couple of weeks and then the old thing, lying, smoking weed all day and night in my apt. i have a full time job as a IT professional and now i cant even sleep because of the smoke and tv running all night and if i object she just make that face and tells me that remember "i can send you back or i will report you to the immigration" my life is living hell right now and i dont know how deal with this thing the only time she seems happy when she gets money from me. what are my choices with my Adjustment of status case.

Hello;

Sorry to hear that there are still some USC taking advantage of honest people.

I do not know that much, but look into this link (http://www.uscis.gov/humanitarian/battered-spouse-children-parents). It will be very helpful to you. A friend of mine was living the same hell like yours, and he ended up talking to a good lawyer who helped him file by himself.

Find yourself a good lawyer, keep all the evidences you can have, and go ahead. Read very carefully the link and talk to a good lawyer. This is not a DIY case.

Good luck to you.

[Anggva 22]

Sorry that you have to go through all this #######, man!

I agree with Ben10, you should talk to a lawyer. In addition, make sure that you have records about all the money you've sent her and her requests for more money.

[WandY 430]

Ben 10's advice is the best you can do. Try to find a competent lawyer and stay in the USA. If not, move on and start over. Good luck!

[Boiler 46,284]

Usual option for people on H1b to adjust is being sponsored by your Employer.

Otherwise the Lawyer you need is a Divorce Lawyer.

[Cathi 5,795]

Hello;

Sorry to hear that there are still some USC taking advantage of honest people.

I do not know that much, but look into this link (http://www.uscis.gov/humanitarian/battered-spouse-children-parents). It will be very helpful to you. A friend of mine was living the same hell like yours, and he ended up talking to a good lawyer who helped him file by himself.

Find yourself a good lawyer, keep all the evidences you can have, and go ahead. Read very carefully the link and talk to a good lawyer. This is not a DIY case.

Good luck to you.

Hiring a lawyer will do nothing but waste a lot of money unless she files for his adjustment of status. Even if she does file he must be able to prove a bonafide marriage. I am not sure why people think that hiring a lawyer will solve everything. Without her there is absolutely nothing a lawyer can do to help him file on his own. You sent a link for VAWA and there is no abuse in this relationship.

[Boiler 46,284]

Hiring a lawyer will do nothing but waste a lot of money unless she files for his adjustment of status. Even if she does file he must be able to prove a bona fide marriage. I am not sure why people think that hiring a lawyer will solve everything. Without her there is absolutely nothing a lawyer can do to help him file on his own. You sent a link for VAWA and there is no abuse in this relationship.

Mods seem happy to delete posts but not those relating to misleading information on immigration issues, I always have wondered why?

Edited December 30, 2015 by Boiler

[blooms 63]

Hi to All,

I came to USA on H1 but i am out of status right now and wants to apply for adjustment of status.

i need help/advise from the forum community with my situation/hell i am going through. Here is my story....

i met his girl three years ago when i was in chicago, we dated for a while then i had to move to Los Angeles for work, we kept talking and then she visited me three four times, we get serious and we decided to take this relationship to the next level and i proposed her, she said yes and we decided that she will move here after the wedding and we will live in Los Angeles.

The day came and we got married in Vegas, after the wedding she said she will go back to Chicago for couple of weeks to finish some unfinished business and then move here for good, she went back and then my nightmare started, she asked me to send some money coz she resigned from the job which was understandable so i sent her money and after couple of weeks i asked her when she is coming back to which she responded that she needed more time to finish up everything, i said OK, but then asking for money became a habit, realizing she is just using me for money i stop sending her the money and asked her to come back or i am going to divorce, and she started threatening me with how she is going to report me to immigration and put me behind bars and everything. four months passed and then one day she texted me and told me that she was on drugs heroin, and that she kept it from me coz she didn't want to lose me. i have never touched any drugs or alcohol in my life so i had no idea why she was behaving strange.

she apologized me and told me that she is on methadone maintenance program and now she wants to move back and have life with me, so i asked her to come.

after coming back she was behaving good for couple of weeks and then the old thing, lying, smoking weed all day and night in my apt. i have a full time job as a IT professional and now i cant even sleep because of the smoke and tv running all night and if i object she just make that face and tells me that remember "i can send you back or i will report you to the immigration" my life is living hell right now and i dont know how deal with this thing the only time she seems happy when she gets money from me. what are my choices with my Adjustment of status case.

Seems you have a good career and position in your company, why can't they sponsor you instead?

[Ben10 2]

Hiring a lawyer will do nothing but waste a lot of money unless she files for his adjustment of status. Even if she does file he must be able to prove a bonafide marriage. I am not sure why people think that hiring a lawyer will solve everything. Without her there is absolutely nothing a lawyer can do to help him file on his own. You sent a link for VAWA and there is no abuse in this relationship.

"Without her there is absolutely nothing a lawyer can do to help him file on his own....."

Are you sure?

Please simply click on the link and just read it for your own information before posting. :-)

He CAN file for HIMSELF WITHOUT her.

YES!!! HE CAN...

Hiring a lawyer ...... because "Battered Spouse cases" are not "do it yourself cases".

I am happy you have learned something new on this forum.

Cheers...