Rights if Separated - Waiting for CG Interview

[Emmylou151 44]

On 1/31/2017 at 11:08 AM, Hopeful diva said:

Don't mean to pry into your personal business but what led to the dissolution of your marriage? Was violence involved? Did he ever physically assault you? If yes and you have evidence to support that, you can file a violence against women (vawa) petition-form i360, that would give you full jurisdiction over your pending i485, that way if approved u can get ur GC and subsequently your citizenship. I'll advice u to be honest about it as you do so, immigration will know if u are not truthful. Other than through vawa, there's no other way that you qualify for a GC. You would essentially have to just move on and go back to your country like someone advised. 

He threw a bottle at me and the glass smashed into the wall, and he suffers from bi-polar. Seriously, I really want to stay. But I can't be with him. Our relationship was toxic. 

[Emmylou151 44]

On 2/1/2017 at 11:16 AM, controlla said:

OP's post reeks of desperation. I'm surprised this thread hasn't violated VJ's "TOS"

No, I am not "reeking desperation". I have a job, I have family here, I have friends, I made a new life here. My marriage was genuine and I can prove it. I can also prove my husband is emotionally abusice, narcissistic, and a bully. I can go back to England, i have just made a better life here. 

[Emmylou151 44]

I am not marrying anyone else. 

[Boiler 45,497]

4 minutes ago, Emmylou151 said:

No, I am not "reeking desperation". I have a job, I have family here, I have friends, I made a new life here. My marriage was genuine and I can prove it. I can also prove my husband is emotionally abusice, narcissistic, and a bully. I can go back to England, i have just made a better life here. 

Have you looked into the Employment Sponsorship option? Have you discussed this with your Employer?

[Emmylou151 44]

1 minute ago, Boiler said:

Have you looked into the Employment Sponsorship option? Have you discussed this with your Employer?

I haven't discussed yet. I'm trying to exhaust all options in the situation I'm in before dragging others into it. 

[Boiler 45,497]

You said you do not want to go the marriage route.

 

What other options do you have?

[Emmylou151 44]

2 minutes ago, Boiler said:

You said you do not want to go the marriage route.

 

What other options do you have?

I meant I'm not going to find someone else to marry just to stay. I want to see what rights I have and options I have now, if I get divorced and my husband doesn't withdraw the i864.

 

 

[Boiler 45,497]

4 minutes ago, Emmylou151 said:

I meant I'm not going to find someone else to marry just to stay. I want to see what rights I have and options I have now, if I get divorced and my husband doesn't withdraw the i864.

 

There have been lots of comments on that and I am not sure there is anything to add.

 

If he has any sense he would have pulled it by now, do not know how you can tell, presumably not something you want to trigger by asking him.

 

Certainly if he came on this forum the first thing he would be told is to pull the I 864.

[Boiler 45,497]

Just a thought and this is such a rare situation, not sure I have ever seen a compliant spouse but any documentation submitted on the I 864 will likely need to be updated, so he would need to be compliant.

Edited February 3, 2017 by Boiler

[Emmylou151 44]

11 minutes ago, Boiler said:

Just a thought and this is such a rare situation, not sure I have ever seen a compliant spouse but any documentation submitted on the I 864 will likely need to be updated, so he would need to be compliant.

He's not pulled it, he's trying to corporate with me. 

[Boiler 45,497]

If you are looking to go this route then you need to Lawyer up, my assumption is that most Lawyers will not have heard about this option well never actually used it at least.

 

Unlikely a Divorce Lawyer will have any knowledge, you need the Immigration one to work in hand with the Divorce one.

[Emmylou151 44]

So my interview is scheduled for march 28th. My husband and I are separated. If I go to the interview and he keeps his affidavit, will this suffice for immigration ?

 

If we don't go to the interview, what happens? Can I stay until my work authorization is up?

[Starkilla09 366]

1 hour ago, Emmylou151 said:

So my interview is scheduled for march 28th. My husband and I are separated. If I go to the interview and he keeps his affidavit, will this suffice for immigration ?

 

If we don't go to the interview, what happens? Can I stay until my work authorization is up?

You and your husband must attend the interview together. It's part of the process to determine if your marriage is bona fide or not. The only viable exception would've been if he was in the military and deployed or so. If you go alone it will be denied, and you'll be subjected to deportation by referral in an immigration court. Once your AOS is denied your work authorization becomes automatically void even if the document is still valid since it's tied to it.

[Hypnos 6,576]

2 hours ago, Emmylou151 said:

So my interview is scheduled for march 28th. My husband and I are separated. If I go to the interview and he keeps his affidavit, will this suffice for immigration ?

Maybe, but I would certainly be taking an immigration lawyer with me to the interview that was versed in Matter of Sesay and how it applies to your case. 

[NikLR 13,227]

You, at the very least, need to go to the interview.  Bring proof of the matter of sesay and an affidavit from your ex stating he is not withdrawing his affidavit of support.  At the very least.