Filing i360 after i485

[Leylahope 0]

Hello Friends please help me can i file an i360 after filing my adjustment is status package. ..please I need your advise asap!

[EM_Vandaveer 2,408]

~ Moved from "AOS from Family Based Visas" to "Effects of Major Family Changes on Immigration Benefits" ~

Organizer hat off:

Are you being abused? If so, call a Domestic Violence Hotline, such as the toll free, 24/7 hotline at 1-800-799-7233.

Stay safe!

[Leylahope 0]

Thanks for your response

My husband is now in a drug rehab center in a different state but initially he started the filing process and now awaiting an EAD card....my husband became very emotionally abusive after our son was born he started drinking then it led to taking drugs....

We have been married two years now and have been having problems especially financial as his lifestyle has cost him his job etc.

We have no insurance no bills nothing together as prove of our marriage only pics and my son..

We have no lease together as we lived with his mom as to save up to get our own place...

I want to leave before his 60day program ends am afraid he won't attend the interview with me am so confused

[Hypnos 6,576]

It doesn't sound as if you are qualified to file a VAWA I-360, since one of the requirements is to be able to demonstrate a bona fide marriage, which it sounds like you cannot do.

[Leylahope 0]

I understand this is just one of the outcome of being with an abusive controlling individual

I think I may have to speak with a lawyer as to what to do

I have spoken to friends and family about what's been going on even his mom is fully aware as she has had to come to my aid many times ...just so confused

There is much more I can't say things that happened between us but I will consult a lawyer to see what I should do

Thanks so much for your help!

[Mellisa 36]

Get his mother to write a affidavit of support on your behalf and a couple of friends who know the marriage is in good faith get a copy your son birth certificate and file the waiver

[EM_Vandaveer 2,408]

If AOS is filed for and was not withdrawn, there is no reason not to let the process run its course for now.

Did you originally enter on a K-1 visa? If so, you may get a GC without an interview.

If you entered on any other visa, there'll be an interview, but you can cross that bridge when you get to it. Your husband may be out of rehab and may attend it with you, otherwise you can go alone and tell the IO that you are going to file VAWA.

[Leylahope 0]

Thank you so much!