I-130

[gigimesha646 0]

Hello,

I came in Usa In tourist visa for 6 months.. I was staying with my cousin .  in short period of time staying with my cousin I met my husband .  He is friend of my  cousin's husband . we hangout together and in short period of time we fell in love and got married.  After spending almost a year , I realized he is not right for me. our marriage was falling apart.
We recently had a stroke interview. My husband wanted to take revenge  with me so he withdraw I-130 petition stating our marriage is  fake.  Our marriage was not fake. We fell in love and decided to get married with in short period of time without knowing each other well.  after time passes . I didn't like the way he acted. He is very lazy and  filthy . he is not responsible and not serious about life. we were not even sexually active . so I told him that I am not happy with him and wanted to divorce him. He consoled me  telling that he will try his best to  keep our relationship. but didn't changed at all. just a week before our stroke interview  i told my husband that i want to end our marriage and he begged me to give him more time to improve himself. I was already thinking of divorce or annulment but since out second interview was there. I didn't have time to consult with lawyer . we went together for an interview .USCIS offer kept us in two different room and asked several questions. I answered all the questions . It wasn't difficult at all. they asked normal questions about household things like how many windows in our room, how many bedrooms are there in the house, which day is garbage day, who does laundry etc . I was confident that interview went all. But my husband totally screwed me over. He requested to withdraw I-130 petition stating that our marriage is fake. he told officer that he just  did favour to  my cousin marrying me because my cousin gave us free place to live. Me and my husband live together at my cousin house for free ,sharing one room. . I take care of my cousin child .  Now he told officer that since my cousin did favour for us to providing free place and loaned him $1000. he just return favour by having fake marriage with me. Which is not true at all.  I should have divorced him before interview but i didn't. Now the officer wrote in my visa AOS. I don't know what is going to happen? Please help me. i am going to divorce him for sure. he is moving out of my cousin place soon. Does immigration going to charge me for fake marriage ?  Please help me out.

[aleful 1,905]

hi

 

no, but it will be in your file forever, and now you are undocumented in this country. you are deportable if immigration gets you. there is no legal path for you to stay

[Penguin_ie 5,994]

***** Moving from Tourist Visa to Effects of Major Changes forum *****

[Allie D 39]

7 hours ago, gigimesha646 said:

Now the officer wrote in my visa AOS.

What do you mean? Have you received any further notifications from USCIS regarding your case? Has your case been closed?

 

What kind of proof did your husband provide to support his claim that you were in a fake marriage? What kind of proof can you provide that the marriage is not fake?

 

Are you attempting to continue with the adjustment of status process by yourself? Or do you want to voluntarily leave the USA without risking deportation?

 

Your husband is abusive and you are better off without him. Stay safe.

Edited May 19, 2017 by Allie D

[gigimesha646 0]

I saw in my visa, officer wrote AOS In my passport. which means Adjustment of status. I just got letter for USCIS stating that, my I-485 application to green card is being denied since my husband withdrew visa petition. I am here in USA in B-2 tourist visa and my  period of admission as a tourist has expired. I am not authorized to stay and have to depart as soon as possible. It also says that I may not appeal this decision. however, If  I believe that the denial of my form I-485 is error, I may file a motion to reopen or a motion to reconsider using form I-290B within 30 calendar days . I am going to file for divorce soon. 

My husband doesn't have any proof of marriage being fake. Because its not fake.  I do have lots of proof for not being fake such as our wedding ceremony photos, joint phone bills, joint account, lots of photos with him and his friends and family celebrating holidays together , his friend can testify our marriage  being real . 

My husband is not abusive . He is just crazy . His mind changes all the time.  He is insecure and jealous type. On top of that he is lazy and irresponsible. I spoke with my friends and family and they told me that divorce will take at least 6 months . after divorcing him I will go back to my country . I don't want to stay here being undocumented.  I don't know  what should I do? 

[Allie D 39]

58 minutes ago, gigimesha646 said:

I saw in my visa, officer wrote AOS In my passport. which means Adjustment of status. I just got letter for USCIS stating that, my I-485 application to green card is being denied since my husband withdrew visa petition. I am here in USA in B-2 tourist visa and my  period of admission as a tourist has expired. I am not authorized to stay and have to depart as soon as possible. It also says that I may not appeal this decision. however, If  I believe that the denial of my form I-485 is error, I may file a motion to reopen or a motion to reconsider using form I-290B within 30 calendar days . I am going to file for divorce soon. 

My husband doesn't have any proof of marriage being fake. Because its not fake.  I do have lots of proof for not being fake such as our wedding ceremony photos, joint phone bills, joint account, lots of photos with him and his friends and family celebrating holidays together , his friend can testify our marriage  being real . 

My husband is not abusive . He is just crazy . His mind changes all the time.  He is insecure and jealous type. On top of that he is lazy and irresponsible. I spoke with my friends and family and they told me that divorce will take at least 6 months . after divorcing him I will go back to my country . I don't want to stay here being undocumented.  I don't know  what should I do? 

Did your B-2 visa expire before you applied for an adjustment of status?

 

My understanding is that you would like to go back to India after getting a divorce, but that you do not want to be undocumented while you are in divorce proceedings. Is this correct? You mention a few times that your marriage was bona-fide and that you have proof of the matter. Are you hoping that this evidence can help you find a way to stay in the country legally (whether permanently or until the divorce is complete), even if you husband doesn't support the process?

 

You should see a lawyer since you're no longer authorized to stay but would like to complete the divorce proceedings. Can you complete the divorce if you leave the country? Maybe other forum members will have more insight for your situation. It's messy so I think a lawyer would be helpful. Good luck!

Edited May 21, 2017 by Allie D

[Allie D 39]

Someone correct me if I'm wrong, but I believe the adjustment of status process for the conditional green card stops if the US citizen spouse withdraws the petition. However, if you divorce after you have the conditional green card, it might be possible for you to file for the 10 year card (removal of conditions) without your husband if USCIS is satisfied that you entered the marriage in good faith (here's more information about such waivers). This option isn't open to you, unless you reconcile with your husband and resume the I-130 process, as you have not yet adjusted status.

 

So you should see a lawyer to figure out how best to approach your divorce.

Edited May 21, 2017 by Allie D

[Allie D 39]

Experienced Visa Journey members: would VAWA be an option for OP? Granted, I believe she wants to leave the USA after getting a divorce.

[Mary Lou 681]

4 hours ago, gigimesha646 said:

I saw in my visa, officer wrote AOS In my passport. which means Adjustment of status. I just got letter for USCIS stating that, my I-485 application to green card is being denied since my husband withdrew visa petition. I am here in USA in B-2 tourist visa and my  period of admission as a tourist has expired. I am not authorized to stay and have to depart as soon as possible. It also says that I may not appeal this decision. however, If  I believe that the denial of my form I-485 is error, I may file a motion to reopen or a motion to reconsider using form I-290B within 30 calendar days . I am going to file for divorce soon. 

My husband doesn't have any proof of marriage being fake. Because its not fake.  I do have lots of proof for not being fake such as our wedding ceremony photos, joint phone bills, joint account, lots of photos with him and his friends and family celebrating holidays together , his friend can testify our marriage  being real . 

My husband is not abusive . He is just crazy . His mind changes all the time.  He is insecure and jealous type. On top of that he is lazy and irresponsible. I spoke with my friends and family and they told me that divorce will take at least 6 months . after divorcing him I will go back to my country . I don't want to stay here being undocumented.  I don't know  what should I do? 

OP states her husband isn't abusive, so there is no VAWA option for her. She states she wants to go back to her country after the divorce.

[Allie D 39]

1 hour ago, Mary Lou said:

OP states her husband isn't abusive, so there is no VAWA option for her. She states she wants to go back to her country after the divorce.

I wasn't sure what the OP meant by "not abusive" because it appears that English isn't her first language.  In South Asia, abuse is often considered to be physical, and I wondered if there was a psychological component. For example, she says that her "husband wanted to take revenge with me." But yes, given the evidence provided by the OP so far, it seems that VAWA would not apply.

 

The question then is whether she can get divorced without being physically present in the USA. 

[azblk 338]

12 hours ago, Allie D said:

I wasn't sure what the OP meant by "not abusive" because it appears that English isn't her first language.  In South Asia, abuse is often considered to be physical, and I wondered if there was a psychological component. For example, she says that her "husband wanted to take revenge with me." But yes, given the evidence provided by the OP so far, it seems that VAWA would not apply.

 

The question then is whether she can get divorced without being physically present in the USA. 

Emotional abuse counts for VAWA too. Just because he doesn't hit her does not mean he is not abusing her.