Can I file for VAWA?

[Russel 0]

7 minutes ago, MeAlone said:

just ask in writing to delay your GC interview day, usually they don't like it and delay for several months, it gives you legal status waiting and time to ask about the divorce and all to plan well, get all your documents and keep them safe and see.

Check online your GC status and 1-2 weeks before your interview date, send them the letter and call asking to delay

I didn't think of this. Thank you!!! We live here in NJ. 

[Going through 5,671]

1 hour ago, Russel said:

He said he wants to marry me but for my condition as an overstayed immigrant with the future removal proceedings (if my visa got denied) his commanding officer would not let him marry me as they don't tolerate illegal immigrants.

Uhm...something is being lost in communication between you two here, I think.  Your boyfriend's commanding officer does not have any sort of authority to "not let him" marry you.

 

The commanding officer may have advised him not to marry you, for whatever variable reasons during a conversation they may have had with each other, but he cannot deny him the right to get married if he wished.

[Boiler 45,584]

9 minutes ago, Going through said:

Uhm...something is being lost in communication between you two here, I think.  Your boyfriend's commanding officer does not have any sort of authority to "not let him" marry you.

 

The commanding officer may have advised him not to marry you, for whatever variable reasons during a conversation they may have had with each other, but he cannot deny him the right to get married if he wished.

Maybe a convenient excuse. I used to work in Insurance and Insurance was always being used as an excuse when somebody did not want to do something but did not want to say so.

[Going through 5,671]

4 minutes ago, Boiler said:

Maybe a convenient excuse. 

That crossed my mind as well.   Only he would know, however.  Perhaps OP should ask him for more clarification on his conversation with his commanding officer.

Edited January 5, 2018 by Going through

[MeAlone 161]

50 minutes ago, Russel said:

I didn't think of this. Thank you!!! We live here in NJ. 

as I see NJ doesn't require the separation time and you maybe entitled for a spouse support and some of the property. Consult the divorce lawyer and see if your lawyer can be paid by your husband and if you can get the spouse support during the divorce process and after that, maybe you can have one car or part of his savings. The divorce lawyer can see it and advise you.

Don't cancel your GC application until your divorce done

[Going through 5,671]

@Russel are you and your husband living in the same home now?  You said he has abandoned you...

How long have you been married, and how long has it been since he abandoned the marital residence, if he is staying elsewhere?

The reason I ask is that if you can prove that he has physically abandoned the marital home, depending on the length of time you may be granted exclusive right to live there during divorce proceedings.

 

If you are still living together in the same home, you may want to secure copies of the proof of your bonafide marriage somewhere else (copy  of your marriage certificate, bills, bank statements, etc).  Sometimes angry spouses seek to destroy evidence to make immigration matters all that more difficult for the other person.

 

If things don't pan out with the new boyfriend, and instead you go with the filing the divorce waiver to adjust status, you will need this proof.

Edited January 5, 2018 by Going through

[MeAlone 161]

26 minutes ago, Going through said:

@Russel are you and your husband living in the same home now?  You said he has abandoned you...

How long have you been married, and how long has it been since he abandoned the marital residence, if he is staying elsewhere?

The reason I ask is that if you can prove that he has physically abandoned the marital home, depending on the length of time you may be granted exclusive right to live there during divorce proceedings.

 

If you are still living together in the same home, you may want to secure copies of the proof of your bonafide marriage somewhere else (copy  of your marriage certificate, bills, bank statements, etc).  Sometimes angry spouses seek to destroy evidence to make immigration matters all that more difficult for the other person.

 

If things don't pan out with the new boyfriend, and instead you go with the filing the divorce waiver to adjust status, you will need this proof.

Can she get her GC by divorce?

[Russel 0]

1 hour ago, Going through said:

@Russel are you and your husband living in the same home now?  You said he has abandoned you...

How long have you been married, and how long has it been since he abandoned the marital residence, if he is staying elsewhere?

The reason I ask is that if you can prove that he has physically abandoned the marital home, depending on the length of time you may be granted exclusive right to live there during divorce proceedings.

 

If you are still living together in the same home, you may want to secure copies of the proof of your bonafide marriage somewhere else (copy  of your marriage certificate, bills, bank statements, etc).  Sometimes angry spouses seek to destroy evidence to make immigration matters all that more difficult for the other person.

 

If things don't pan out with the new boyfriend, and instead you go with the filing the divorce waiver to adjust status, you will need this proof.

We are living in the same home but sometimes he stays at his mom's house at jersey city. I go there sometimes. I'm planning to go there next week, maybe i can get him to talk to me. We're 1 yr and 6 mos married now. He abandoned me a month after our marriage and took all the files that needed to file. He left me for a year then came back in june to make things right. That's when we file the petition. 

[MeAlone 161]

4 minutes ago, Russel said:

We are living in the same home but sometimes he stays at his mom's house at jersey city. I go there sometimes. I'm planning to go there next week, maybe i can get him to talk to me. We're 1 yr and 6 mos married now. He abandoned me a month after our marriage and took all the files that needed to file. He left me for a year then came back in june to make things right. That's when we file the petition. 

1 year abandonment could be a divorce, Check the court records or make your lawyer check, maybe he already divorced you

Edited January 5, 2018 by MeAlone
errors typo

[Boiler 45,584]

What were you doing for the year?

[Russel 0]

2 hours ago, Going through said:

Uhm...something is being lost in communication between you two here, I think.  Your boyfriend's commanding officer does not have any sort of authority to "not let him" marry you.

 

The commanding officer may have advised him not to marry you, for whatever variable reasons during a conversation they may have had with each other, but he cannot deny him the right to get married if he wished.

Yeah, what I meant was he's gonna tell him the consequences of marrying an illegal immigrant with a removal proceedings. I know him very well. I think he's just scared because he's a very abiding law person. He told me at first that he hates illegal immigrants but since he met me, he made me an exception. He doesn't judge me and he's helping me as much as he can. He drives me anywhere since I don't have a car. He doesn't know yet what will happen to me if my visa get denied. He just told me that he's willing to marry me after enlistment because he sees that I'm getting depressed about my husband. He told me not to feel any pressure of marrying him, he just want me to feel that I'm not alone in this problem. I didnt ask him to marry me because im having a problem. 

[Russel 0]

15 minutes ago, MeAlone said:

1 year abandonment could be a divorce, Check the court records or make your lawyer check, maybe he already divorced you

No, we got back together after he abandoned me for a year. That's when we filed the petition. 

[Russel 0]

12 minutes ago, Boiler said:

What were you doing for the year?

I stayed at my friend's house for a while. When my sister got here, i moved there. 

[MeAlone 161]

36 minutes ago, Russel said:

No, we got back together after he abandoned me for a year. That's when we filed the petition. 

are you sure he filed? Do you have the number to check it online?

[Redheadguy03 505]

He abandoned you, but you live together? Then you already met another guy? Sounds very fishy to me.