I-485 DENIED

[Pinkbutterfly1988 1]

Ok here i am again asking for help , i posted a forum before and hope this will be the last time.

I enter as K1 visa march 2011, we got married june 2011 , never file my paper until we had a son together on oct 2012 we file my paper it was like May 2013 we did everything i could, i had a letter saying we might not have an interview, a month after i got an letter saying they needed more proof of income ( affividavit of support) that time like a month after i got the letter my husband got busted with ( heroin) inside the vehicle he was driving . around 2012 he quiet his job and did roofing job, which he was the boss on his own job so he was really making money, and busy busy.. one day he fell in a 2 stories house which almost broke his foot and not able to manage his job, painpill is the only buddy he got to ease his pain.. he still manage to work and do roof even he is in pain.. so hiring these guys (crack heads) and he has a drug history too but he is been clean for 7 yrs atleast, i didnt think we will go that road but suprised me it did. from pain pill to heroin, it wasnt easy for me plus with a kid and didnt able to drive , so his ex turn him in and he got busted around aug. 2014 so it was around the time i received my papers saying they needed more proof of income. i was depressed and dont know wat to do, he got 25 days later ( his mom bailed him out) he got 2 yrs probation which he got done Sept. 2016 but his 2 yrs of probation he manage to cheat the system he will get clean when his appointment is coming and get messed up when got done.. it been too crazy.. so i got a letter my I-485 got denied and now 2013-2014-2015 taxes havent filed at all, . i don't have no power on this guy . its like i can't tell him wat to do or else i get yelled at, i been abused (physically and verbally) my aunt and my close friend advise me to go underground ( vawa) they said they will able to help me with my paperwork to get straightened out, i just want second opinion from u guys, i mean i love my husband but it doesnt seems like we are his priority, if we go underground i am willing to divorce in order my son's future and atleast i have a life.. my only fear is moving on and start over.. are they any chances i can get my greencard if we do his taxes and file again? but it will take time and i have doubts if he is gonna change .. if i go underground theres a chances my life would be better too . i am just lost right now. ( sorry guys if this post is long, i am despirate for help, my friend is willing to open her house whole heartedly but in the other side my husband is an addict i am afraid he overdose himself for leaving him my consciense will eat me alive thats the only thing keeps holding me for not leaving him) but my other last question? is there other way if ever i leave him that i can get my green card? we been together for 5 yrs. i just want my life and my son's be stress free and so i can able to work too.. thank u soo much and God bless you all

[Georgia16 2,858]

I guess you can stay and adjust through him but taxes HAVE to be filed and then you might need a co-sponsor.

Or

if you are being abused as you say you can do vawa but you need proof of that.

[Ebunoluwa 6,136]

See if you can consult with a pro bono lawyer to help you get out of this mess.

You can't stay with him for the sole reason that he would overdose without you.
His choices, his consequences, get out of the house before it will affect you negatively even more.

[Pinkbutterfly1988 1]

yah thats one thing i kept the whole 5 yrs we've been together . i kept photos all the blackeyes i got but no police record at all .. he was on probation for 2 yrs and been scared the whole time to call or report ( cause i am thinking i don't have no job, cant support my own son)

[Pinkbutterfly1988 1]

To : Georgia16

i want to stay as long as i can, my reason to come here is not all about green card thing , not other ladies just married an old ugly guy just to get out of poverty, my motives are clean, we have a son and been together for 5 yrs through thick and think, if ever we can do the taxes, even his income is really below like low low low .. can we still have somebody to sign a paperwork saying they can support as if ever my husband can't support me and my son? cause my aunt said ask someone if that still works cause immigration law always change

[Pinkbutterfly1988 1]

to EBUNOLUWA

thank u, i might get into that, right now i am tossing back and forth should i go to vawa and ask for help, cause if i go to the lawyer 30K which i dont have right now. i am broke . only place i can think of is my sweet friend .. i am depress all the time, i feel jealous and mad at the same time when i found out one of my friend she haven't been here for a year and got her green card, and as far as now they were'nt happy at each other. and i am here trying to stay with this guy and been with him for so long and can't able to work or nothing. life is unfair sometimes. but i gotta suck it up and learn from it i guess

[Mary Lou 681]

I am sorry for your situation. No one and i mean no one, has the right to put their hands on another person. You are being physically and emotionally abused. Your husband is an addict. You want your life and your son to be safe and stress free. If it were me, i wouldn't worry about your husband trying to file for taxes for your AOS. You said it yourself, you and your son aren't his number one priority, the drug is. I would take the help of your good friend, yes i know you are scared and worried about starting over, but you left your country to come here and you managed!! You will be ok!! Accept your friend's help. Consult with pro bono lawyers as to what legal options you have. Don't let the fear of him overdosing keep you in the hell you are living. He can OD if you are there too. If he filed his taxes, it sounds like you will have no option other then to have a joint sponsor because of his income.

[Villanelle 4,122]

Honey no one can tell you what to do... I think you know what the right thing to do is though... You want to hear all the legal options so I will tell you them. Perhaps it will make it easier for you to decide:

If you stay together: He will need to file his back taxes. Once he does they will need to be processed and accepted by IRS. This can take some time. It may take 3 months, 6 months or longer. It depends when he files them and how long it takes them to process them. If he does it now they can be processed quickly because it is not tax season so they are not that busy. Once the new year hits people are going to start sending in their tax returns little by little so its going to get busier and busier at IRS- keep that in mind... You need the transcripts typically since he filed late along with whatever payment arrangement he would have set up because usually he will owe taxes and penalties. (You werent very clear on if he worked 2013-2015 or not so if you want to provide more info on that we can discuss it more specifically- this is just general info) There is the chance you can use the tax return and the W2s or 1099s to submit with the immigration packet though...

His income probably will not be high enough so YES, you can and most likely WILL need a joint sponsor. So do you have one ready?? If so, then you will need his tax stuff, the joint sponsors info and your apx 1k fee to file. It will take about 9 months to 1 yr to be processed based on current timeframes (I believe- others can chime in with more accurate estimates if they like) . You may or may not have an interview. If you do, both you and your spouse will need to attend. You will be getting the 10yr card since you have been married so long so there will be no ROC (removing of conditions) for you. You can also file for the EAD work permit for no fee when you file.

IF you decide to separate- You do not need to divorce your spouse to file a VAWA claim. However it is recommended that you do, because if you separate from him it is an indication that the marriage is over and you do not want to be legally tied to someone that you no longer are involved with. Especially someone who has legal troubles as he does... In order to file VAWA you would need to prove either physical abuse or whats called 'emotional abuse' otherwise known as extreme cruelty. You can allege both physical and emotional OR just physical OR emotional. Whatever you pick you have to PROVE. So for physical proof would be photos, police reports, medical records etc. You seem to be lacking that kind of proof. For emotional abuse you need to see a psychologist and have a specific diagnosis supporting your claim. Verbal abuse can cause this. You have to understand that just because your husband is a drug addict does not mean you are entitled to VAWA- however if he has been verbally abusing you and caused you to suffer a diagnosis of major depression, anxiety etc that changed who you are/were then thats another situation Mental abuse is a pattern characterized by control,humiliation,degradation,threat,isolation etc..... So for that you need the psych eval, an affidavit from you and friends/family that witnessed it, You would file the 360, and its your option to file the other forms with it or not. The other forms being the 485 and EAD. If you file them all together then youd be able to work sooner, however if the 360 is not approved (which is the VAWA) and you filed all the forms together youd be place in removal. If you only filed the 360- you wouldnt be placed in removal if its denied, however youd be waiting for it to be approved before filing for the work permit. It can take maybe 5 months or longer to get the 360 approved currently, some have waited longer (up to a year) some have waited shorter.

But because you already filed and it got denied it seems, I dont know where you technically stand? So that last bit probably doesnt apply to you... I dont think you were ever placed into removal proceedings because often they dont do that for spouses of USCs who just dont meet the income guidelines. They just assume you are going to refile so they dont bother to take that extra step and send you to removal.. However you are going to need to check and be sure.. So for you it probably doesnt make a difference if you send all the forms at once or not, so you might as well send them all at once and be able to work right away legally.

For VAWA you can usually find a pro bono attny to take the case for free or at a reduced cost. In the VAWA thread you can read about others cases, or even the effects of major changes forum where the VAWA thread is located. (im going to ask for your thread to be moved there as its a better location for your post due to the complex nature of your situation)... In the VAWA thread people have reported attnys charging anywhere from 0 to 5-10k. You can also get assistance from places like Catholic Charities and Immigration Advocate Centers.

So that was all the technical stuff.. the personal side of the issue-- well, as Ebun has said- you can not be responsible for HIS decisions. You can not be held prisoner your whole life to his addiction and you can not believe raising your child in an abusive environment is the best thing. If you are suffering physical and verbal abuse you need to remove yourself from the situation for your own safety as well as the safety of your child. PLEASE DO NOT WAIT UNTIL IT IS TOO LATE>

[randomstairs 303]

If you were physically assaulted multiple times (as your posts suggest) you need to "go underground" and file for VAWA. It may be very hard emotionally but that's the right thing to do.

[Cathi 5,748]

Without proof of abuse it will be hard to file VAWA. You said you have pictures of the abuse but without having reported it to police at the time, you don't have a foot to stand on. You really need to consult with an attorney.

[Pinkbutterfly1988 1]

@ DAMARA :

thank you soo much for all the info, u pretty much told everything wats in my mind,. i want him to file the back taxes, and do the paperwork, u know i've been with him for 5 yrs and if it takes a year or 2 i would definitely wait.. but in my mind u never know wat happen on that 1-2 yrs .. plus the money and everything.. if i go to vawa too i know wats going on inside the house but its the proof that i don't have .. all i got are pictures,

about the income well 2012 he did roofing .. 2013 he got messed up and he did couple job here and there not like 2012 .. so we still makes money, 2014 thats wen he got busted its only like quarter of wat he makes on 2012 . 2015 and 2016 was a hell almost nothing at all barely can pay bills and downgrade of everything.. i told him if he wants to do my paperwork he needs to do all of them and let his mom as a joint sponsor for my paperwork. but only thing this white people don't know anything about immigration law, he thinks if his mom gonna sign the paperwork , she really need to support us and all that. its hard to explain it to him.. ? but once if he do all his taxes i will try to do all that. thank u soo much. if ever u have anything u know that i need to know please let me know..

[MeAlone 161]

think about your child, you need to get out of this marriage, you love your husband but you wish your own child having him as an example for the future? Do you wish your child seeing all the abuse and the mother in tears? Staying you do more damage not only to yourself but for your child also. Think well, please

Tasha

[dawning 212]

Sorry to hear about your situation OP... it sounds really, really difficult. A lot of well meaning people are telling you must leave for your safety, or for your child's well-being, but it is important to remember that you may not have legal immigration status if you leave him (or if you stay with him, if he continues not to want to adjust your status). Having a mother who is "underground" or deported may also be less than healthy for your son. I would second the people telling you to talk to an attorney or any agency that offers aid to immigrants, to get even more of an idea of resources and options available to you. Best of luck!

[Villanelle 4,122]

@ DAMARA :

thank you soo much for all the info, u pretty much told everything wats in my mind,. i want him to file the back taxes, and do the paperwork, u know i've been with him for 5 yrs and if it takes a year or 2 i would definitely wait.. but in my mind u never know wat happen on that 1-2 yrs .. plus the money and everything.. if i go to vawa too i know wats going on inside the house but its the proof that i don't have .. all i got are pictures,

about the income well 2012 he did roofing .. 2013 he got messed up and he did couple job here and there not like 2012 .. so we still makes money, 2014 thats wen he got busted its only like quarter of wat he makes on 2012 . 2015 and 2016 was a hell almost nothing at all barely can pay bills and downgrade of everything.. i told him if he wants to do my paperwork he needs to do all of them and let his mom as a joint sponsor for my paperwork. but only thing this white people don't know anything about immigration law, he thinks if his mom gonna sign the paperwork , she really need to support us and all that. its hard to explain it to him.. ? but once if he do all his taxes i will try to do all that. thank u soo much. if ever u have anything u know that i need to know please let me know..

Ok well VAWA can be based on physical abuse or emotional abuse. They require different things for proof. For physical abuse you need things like photos, police records, doctors reports etc. And proof of the marriage. You do not have that.

For emotional abuse you would need to go see a psychologist and be diagnosed with major depression, anxiety etc as a result of the mental abuse. You would need to go for at least 5-6 sessions before having them write you an evaluation. Your proof would be your evaluation, your own statement, any statements from friends/relatives/acquaintances who know of the abuse/relationship. And your proof of the marriage.

I already told you mental abuse is a pattern characterized by control,humiliation,degradation,threat,isolation etc. And you need to get a specific diagnosis. You stated you have been verbally abused- do you worry its not enough to meet the definition of mental abuse? Or do you not feel you can get that kind of diagnosis?

I am just trying to see why you are not pursuing emotional abuse VAWA as an option?

Please think about it. Consider taking a moment to send a message to Sandranj who is a probono attny that posts in the VAWA thread located in the Effects forum. Perhaps send her the specific details of your situation and she can give you an honest answer on whether you qualify for emotional abuse VAWA. Give her a link to this thread and tell her the actual specific details of what the verbal/mental abuse was (the stuff you wouldnt post publicly)

No one can make you file for VAWA or leave your spouse.

I just dont want to go jumping into how to fix the back tax situation if there is an available VAWA route open to you that you would want to take. So try to talk to Sandra or if you are simply not interested in pursuing emotional abuse VAWA- thats fine too, just say so and we can pick back up.

[Ebunoluwa 6,136]

I agree with Damara. I also think the photos would help even though you have no police report going this route

of emotional abuse.