Compassionate Advice Needed

[Drama 0]

Long Story Short: I'm in the process of a spousal-based application to adjust status to become a permanent resident... I-485. filed in May and thus far everything is going smoothly and I'm waiting on the interview. but that looks to be around 5 months away from looking at current wait times in my area. and in the meantime my new husband has shown that he is an abusive lunatic. Seriously, I'm going through hell. We had been together a year when we got married and admittedly there were hints but I didn't take it seriously. We have been married 6 months now. Since he put a ring on my finger I am now his property. He has cut me off from everyone including my family and I am going through a daily torment of abuse. And he knows that because of my legal status he has control. He even threatens me with me. I was out-of-status when we got married. I've been searching for an answer and so far as I am aware I have to wait until I get my Green Card before I can get a restraining order against him and file for divorce else if I do so now then I get deported as I have no leg to stand on. I don't even know that we'll pass the interview now - if he doesn't kill me first. There's a huge difference between enduring this for another 5 days and for another 5 months. So I'm here asking is there anything whatsoever I can do??

Edited September 9, 2017 by Drama

[Jing&Kuting 137]

I have a friend who was in the same situation as you. Gather some proof so just in case that it will lead to a divorce you can do a self-sponsorship. 

 

https://www.uscis.gov/humanitarian/battered-spouse-children-parents

 

Here's the link..

Edited September 9, 2017 by Jing&Kuting

[aleful 1,905]

hi

 

exactly, gather every paperwork, evidence, bills, any documents, personal documents, some clothes and go to a shelter, there are shelters for abused women, you can file for vawa, domestic violence later with proof. your safety is first

 

 

[aleful 1,905]

you won't get deported

 

 

[Boiler 45,576]

Time to head home, why put up with this #######.

 

GC is simply not worth risking your life.

[trudi 1,317]

If he kills you a green card won't matter.

 

Seriously, stop worrying about your status I know it's terrifying especially when your spouse is telling you he has control but at this point it's irrelevant, gather all your paperwork and get to a safe place.

A green card is not worth risking your life for, protect yourself and then look into VAWA if necessary - you aren't going to get deported.

 

Good luck & please stay safe

[Crazy Cat 41,918]

Get out of the unsafe environment asap!!  You have control over your status, NOT your husband........He can not deport you.

[Going through 5,671]

Along with gathering your documents---also move your personal identification documents (check book, copy of your birth certificate, passport, etc.) OUT of the home and either leave it with a trusted friend or put it in a safety deposit box at your bank, if you have a bank account in the US yet.  Some things you are able to replace or get certified copies of (like your marriage certificate, or birth certificates of any children if you are not able to access these)---some things it's harder to replace.

 

I would also suggest not only gathering documentation, but SCANNING each one into your computer or on a flash drive (in case he decides to destroy evidence of your bonafide marriage in an attempt to control your immigration process).

 

It's common for the spouse to threaten deportation/taking away your GC rights etc. as means of trying to control you.  Rest assured that he cannot cancel your pending application (if he has said this in the past), he can only withdraw HIS affidavit of support....which does not cancel your pending AOS, only you can do that.   You also need to check into the requirements for filing a VAWA waiver.

 

Good luck.

[Lemonslice 4,859]

Reach out for help:

http://nnedv.org/

http://www.thehotline.org/

 

Immigration is secondary now, get out and be safe first.

[JFH 12,190]

*~*~*moved from "bringing family members of USCs" to "effects of major family changes" where similar topics are discussed*~*~*

[geowrian 22,337]

8 hours ago, Going through said:

he can only withdraw HIS affidavit of support....which does not cancel your pending AOS, only you can do that.   You also need to check into the requirements for filing a VAWA waiver.

I'm not certain if this is correct. My understanding is that the current AOS is based on marriage to a USC, which requires the I-864. If the I-864 is withdrawn, the AOS cannot be completed and should be denied. That said, VAWA lets them file an I-360 and then (or concurrently with) an I-485 to AOS based on the I-360 as a self-petitioner.

 

But yes, either way the OP needs to get safe first, then worry about immigration.

[Going through 5,671]

7 hours ago, geowrian said:

I'm not certain if this is correct. My understanding is that the current AOS is based on marriage to a USC, which requires the I-864. If the I-864 is withdrawn, the AOS cannot be completed and should be denied. That said, VAWA lets them file an I-360 and then (or concurrently with) an I-485 to AOS based on the I-360 as a self-petitioner.

 

But yes, either way the OP needs to get safe first, then worry about immigration.

My understanding is that she can file the VAWA at any time after the i-864 is filed?  You could be right though since she's still in the AOS stage and not the ROC stage....but the USCIS website doesn't specifically state that...

Those Eligible to File

• Spouse: You may file for yourself if you are, or were, the abused spouse of a U.S. citizen or permanent resident. You may also file as an abused spouse if your child has been abused by your U.S. citizen or permanent resident spouse.  You may also include on your petition your unmarried children who are under 21 if they have not filed for themselves.

• If your Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant  is approved and you do not have legal immigration status in the United States, we may place you in deferred action, which allows you to remain in the United States.

[Sandra G. 5,048]

On 9/9/2017 at 0:25 PM, Drama said:

Long Story Short: I'm in the process of a spousal-based application to adjust status to become a permanent resident... I-485. filed in May and thus far everything is going smoothly and I'm waiting on the interview. but that looks to be around 5 months away from looking at current wait times in my area. and in the meantime my new husband has shown that he is an abusive lunatic. Seriously, I'm going through hell. We had been together a year when we got married and admittedly there were hints but I didn't take it seriously. We have been married 6 months now. Since he put a ring on my finger I am now his property. He has cut me off from everyone including my family and I am going through a daily torment of abuse. And he knows that because of my legal status he has control. He even threatens me with me. I was out-of-status when we got married. I've been searching for an answer and so far as I am aware I have to wait until I get my Green Card before I can get a restraining order against him and file for divorce else if I do so now then I get deported as I have no leg to stand on. I don't even know that we'll pass the interview now - if he doesn't kill me first. There's a huge difference between enduring this for another 5 days and for another 5 months. So I'm here asking is there anything whatsoever I can do??

 

Your safety is more important than your green card, pack your belongs and leave. If you don't have a place to go then find a shelter for victims of domestic violence and they will help you. Join on Visa Journey the VAWA thread 9, we have there hundreds of victims of abuse.

[LionessDeon 2,060]

On 9/9/2017 at 0:56 PM, Boiler said:

Time to head home, why put up with this #######.

 

GC is simply not worth risking your life.

 

On 9/9/2017 at 1:27 PM, trudi said:

If he kills you a green card won't matter.

 

Seriously, stop worrying about your status I know it's terrifying especially when your spouse is telling you he has control but at this point it's irrelevant, gather all your paperwork and get to a safe place.

A green card is not worth risking your life for, protect yourself and then look into VAWA if necessary - you aren't going to get deported.

 

Good luck & please stay safe

Why would anyone put their life over a greencard?  Wouldn't you want to be back home with your family after what you have been going through?

Good links for help have been provided.  Please use them and get to safety.  You can also go to a Catholic Services/Diocese nearest to for help. Worry about immigration later.

Edited September 11, 2017 by LionessDeon