Dilemma of spouse with IR1 petition

[Ethelmae 0]

I am a wife of a naturalized American citizen for 20 yrs. living in the Philipines. I currently have an IR1 petition application pending in NVC awaiting my husband's Affidavit of Support and my DS-260 form. My priority date is June 16, 2014. My husband is using my petition to get his way and has always been telling me that he wont act on my petition. Im worried it might expire soon. I keep checking the NVC website on my case no.'s status and nothing's changed.

Questions: 1) If he does not submit his affidavit of support, can i continue working on my petition without his help?

2) Will my petition expire after June 16 if no action is done?

3) And,, can I file for the battered/abused spouse even though the physical battery happened here in the Philippines but all other kinds of abuse continues up to this day even though he's now in the States. I do have all records to prove it.

Please enlighten me.

[aleful 1,905]

hi

there can't be a petition without a petitioner, you can't do anything if he doesn't want to sponsor you

you can try to talk to him and see what's going on

[Transborderwife 4,666]

1. No

2. Nothing

3. Not in this situation I don't believe.

[Anitafeliz 1,133]

Immigration is NOT a right its a priviliage. You cannot do anything to get here with out his assistance. If you are already talking abuse why would you want to come to the states to live with him? You would be coming here stating you intend to live in married bliss. It is NOT a one way ticket here.

Your only step here is divorce which I belive is not allowed in your country. If you have children he can petition for them and when they are of age they can petition for you.

Good luck with that husband if hes doing this now you are probrably better off in you country away from his abuse.

[JR loves JR 196]

You're applying for a visa that's intended to bring families together. But unfortunately, it sounds like your husband isn't all that interested in having you here. It also sounds like if you were to move here, you'd be walking into a dangerous situation with an abusive spouse. A reasonable prediction would be that once you arrived in America, you would be looking for a way out of that relationship fairly quickly. So why pursue the visa? Is it because you think if you're here, your husband will suddenly change and stop the abuse? Is it because your children are here and you wish to be close to them? Is it because you want to live in America? If it's because of kids, wait until they're 21 and have them petition for you. If it's for the other two reasons, stay home. Your husband isn't going to change and you'll just be putting yourself in a dangerous situation. If it's just to immigrate (not to be with your husband) than you're abusing the IR-1 visa by pursuing it with a fraudulent intent.

[aaron2020 11,651]

I am a wife of a naturalized American citizen for 20 yrs. living in the Philipines. I currently have an IR1 petition application pending in NVC awaiting my husband's Affidavit of Support and my DS-260 form. My priority date is June 16, 2014. My husband is using my petition to get his way and has always been telling me that he wont act on my petition. Im worried it might expire soon. I keep checking the NVC website on my case no.'s status and nothing's changed.

Questions: 1) If he does not submit his affidavit of support, can i continue working on my petition without his help? No. You need him to file an AOS for a visa. No AOS from him, then no visa.

2) Will my petition expire after June 16 if no action is done? After one year of inactivity, the case is closed. When your petition expires depends on the last communication with USCIS and the NVC.

3) And,, can I file for the battered/abused spouse even though the physical battery happened here in the Philippines but all other kinds of abuse continues up to this day even though he's now in the States. I do have all records to prove it. No, you can not file as a battered spouse. This makes a poor case for a IR-1 spousal visa.

Please enlighten me.

Get an annulment and move on with your life. You need your husband's cooperation to get an immigrant visa. The IR-1 spousal visa is for family reunification. It's not a path for you to the US and then assert abuse. Immigration does not work that way. Sorry.

[EM_Vandaveer 2,417]

As for VAWA, the rules state "If you are living abroad at the time of filing the self-petition, you may file Form I-360 if:

the abuser is an employee of the U.S. government,

the abuser is a member of the uniformed services, or

you were subjected to battery or extreme cruelty in the United States."

So unless one of these is true, you can't get a visa as a battered spouse.