DACA recipient, AOS -Marriage & Domestic Abuse

[LCCF 35]

Hi, i have been in a relationship with my now husband for over 5 years & have a son together. I have has DACA since it was available. I was able to get advanced parole through work purposes last year (2017). 

I also got married, this was before i had to leave for work with advanced parole. 

Our application for AOS was submitted end of Oct. 2017, took my biometric on 12.6.17. As of 1.10.18 uscis website updated the status of my case, interview to be scheduled. 

On 1.31.18, my husband and i got into a realky big fight where he threw me to the floor and threatedned to take his life with a kitchen knife. I had to call the cops. 

He was taken into custudy, currently have a restriction order against him, and we have court on the 28th. 

He is currently taking therapy, i had reached out to his family once this happened, because i was also worried about his mental wellbeing... and they later communicated he was starting therapy. 

I am not sure if i am getting divorced or not, i want to keep the restraibing order just to give us more space and time to figure out what to do... if we may want to go our own ways or try to work it out.

However, if i get the interview scheduled while the restraining order is still in force, would i be okay to go on my own and explain what happened? 

Technically, we would still be married. And i do want to give us some time and space to be able to work it out little by little. If that doesnt work, than we go our separate ways. 

 

Thabk you!

[geowrian 22,337]

Assuming you actually left the US and re-entered via AP then you qualify as having been inspected and admitted.

If you do the interview without your husband, you will very, very likely be denied. If he pulls the I-864, the case cannot proceed.

VAWA may apply here. I suggest checking out the threads here on VJ.

 

On another level, I suggest not staying with somebody abusive, and never stay just for a green card.

Edited February 15, 2018 by geowrian

[LCCF 35]

15 minutes ago, geowrian said:

Assuming you actually left the US and re-entered via AP then you qualify as having been inspected and admitted.

If you do the interview without your husband, you will very, very likely be denied. If he pulls the I-864, the case cannot proceed.

VAWA may apply here. I suggest checking out the threads here on VJ.

 

On another level, I suggest not staying with somebody abusive, and never stay just for a green card.

He is not planning on pulling the application out. 

Honestly, dont think he even knows he can do that. 

He has expressed wanting to work it out. And i am open to the idea. But would like time to make sure he understands what happened was serious. 

I have seen the threads on VAWA. But, again, we may work it out. I still love him and i know there have been other things in his past that he needs to work out first before we try to work on our marriage. 

 

I was paroled back in August 2017. 

 

Thank you for your concern. I appreciate your comment. 

[MsVi2 50]

On 2/15/2018 at 10:17 AM, LCCF said:

He is not planning on pulling the application out. 

Honestly, dont think he even knows he can do that. 

He has expressed wanting to work it out. And i am open to the idea. But would like time to make sure he understands what happened was serious. 

I have seen the threads on VAWA. But, again, we may work it out. I still love him and i know there have been other things in his past that he needs to work out first before we try to work on our marriage. 

 

I was paroled back in August 2017. 

 

Thank you for your concern. I appreciate your comment. 

VAWA can be filed up to 2 years after a divorce, so please don't feel like you HAVE to stay with him.  I know so well how hard it is to leave an abusive relationship, specially when you have children.  I can't tell you what to do or not do, but if you decide to work things be aware that domestic abuse always follows a cycle of the "honeymoon period" where everything is great, then to "tension" and finally "explosion".  Do not get trapped in this cycle because things get better after they get worse. 

 

My advice is "Hope for the best, plan for the worst" keep copies of your police reports/arrest, protective order and everything you may need to file a VAWA if you eventually need to go that direction. 

 

Above all, stay safe.

[LCCF 35]

2 hours ago, MsVi2 said:

VAWA can be filed up to 2 years after a divorce, so please don't feel like you HAVE to stay with him.  I know so well how hard it is to leave an abusive relationship, specially when you have children.  I can't tell you what to do or not do, but if you decide to work things be aware that domestic abuse always follows a cycle of the "honeymoon period" where everything is great, then to "tension" and finally "explosion".  Do not get trapped in this cycle because things get better after they get worse. 

 

My advice is "Hope for the best, plan for the worst" keep copies of your police reports/arrest, protective order and everything you may need to file a VAWA if you eventually need to go that direction. 

 

Above all, stay safe.

Thank you! Its great to know this information. I was not aware i could file up to 2 years after divorce. 

What other documents would be good proof just in case. I am saving everything, just in case.