Married with US Citizen Child Filed for Divorce AOS Denied

[Miguel Rodriguez 6]

4 hours ago, mushroomspore said:

Quoted by whom? Have you done any research into the process yourself? You can file by yourself under VAWA and the filing fee is waived for abused spouses and parents of US citizens, according to the USCIS page for I-360 (form for VAWA applicants).

I was told by an immigration lawyer in NJ that it could be at least $10K!

[TM92 527]

13 minutes ago, Miguel Rodriguez said:

No, my first trip into the USA was for 3 months 4 years ago, the second was for 6 months about 3 years ago, which was when we got married 2.2 years ago and this is my third in which my spouse made the AOS I-485.

Thank you for the clarification. It showed that my interpretation was not 100% correct.

 

[mushroomspore 3,044]

13 minutes ago, Miguel Rodriguez said:

I was told by an immigration lawyer in NJ that it could be at least $10K!

Wow. Honestly the only money that really matters are the fees to USCIS (for the most part). For everything else, Google and VJ are your friends. Do some more research into this.

Edited July 22, 2018 by mushroomspore

[databit 328]

5 hours ago, Miguel Rodriguez said:

I have no income whatsoever except for what the court just awarded me in child support and alimony. 

Have you checked if the awards will be enforced I. your home country? You didn't mention which country. Not all of them will honor US law.

[Going through 5,671]

7 hours ago, Miguel Rodriguez said:

Yes, I hope my spouse will buy the tickets as they will be my only way out. My spouse was my sponsor so she should be liable for me and the child. She brought us here.

Except for spousal support and child support awarded in your divorce, your spouse is not liable for you in any other way...at least not as far as USCIS is concerned since the AOS was denied (so your spouse is not on the hook for the signed i-864, due to the denial of the i-485).

 

You need to have a Plan B in place in the event your spouse will not give/loan you money for plane tickets.

[Miguel Rodriguez 6]

51 minutes ago, Going through said:

Except for spousal support and child support awarded in your divorce, your spouse is not liable for you in any other way...at least not as far as USCIS is concerned since the AOS was denied (so your spouse is not on the hook for the signed i-864, due to the denial of the i-485).

 

You need to have a Plan B in place in the event your spouse will not give/loan you money for plane tickets.

Yes... I think I will go for VAWA first if too much I'll just exit the country any way I can.

[Amadia 711]

16 hours ago, Miguel Rodriguez said:

Have come to the US 3 times and never violated my stays

On my 3rd trip, we got married in the US. Married now 2 yrs and 2 months

Does this mean that you have been in the US for the duration of your marriage to the US spouse?

 

If this is the case, then you have definitely overstayed on your tourist visa. Also, you mentioned AOS being denied so I don't see any other chance of getting green card if you aren't willing to go the VAWA route....

[TM92 527]

32 minutes ago, Amadia said:

Does this mean that you have been in the US for the duration of your marriage to the US spouse?

11 hours ago, Miguel Rodriguez said:

No, my first trip into the USA was for 3 months 4 years ago, the second was for 6 months about 3 years ago, which was when we got married 2.2 years ago and this is my third in which my spouse made the AOS I-485.

OP slightly clarified, but can provide more specifics if he wishes: date of POE for 3rd B2 visit, max stay allowed by CBP, date of AOS filing.

32 minutes ago, Amadia said:

Also, you mentioned AOS being denied so I don't see any other chance of getting green card if you aren't willing to go the VAWA route....

Looks like OP has decided to go the VAWA route.

[TM92 527]

12 hours ago, Miguel Rodriguez said:

I was told by an immigration lawyer in NJ that it could be at least $10K!

Definitely DIY; you just need to file the following together:

• I-360 VAWA Self-Petition: https://www.nolo.com/legal-encyclopedia/application-process-vawa-green-card.html
• I-485 AOS
• I-864W Affidavit of Support Exemption for VAWA: https://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter14-15.html
• I-912 AOS Fee Waiver: https://www.nolo.com/legal-encyclopedia/filling-out-form-i-912-fee-waiver.html

If you have specific questions you can ask at the VAWA thread or @sandranj

Edited July 22, 2018 by TM92
AOS

[TM92 527]

On 7/22/2018 at 9:51 AM, TM92 said:

Definitely DIY; you just need to file the following together:

• I-360 VAWA Self-Petition: https://www.nolo.com/legal-encyclopedia/application-process-vawa-green-card.html
• I-485 AOS
• I-864W Affidavit of Support Exemption for VAWA: https://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter14-15.html
• I-912 AOS Fee Waiver: https://www.nolo.com/legal-encyclopedia/filling-out-form-i-912-fee-waiver.html

@Miguel Rodriguez, I forgot to mention: also file the following with the 4 forms above for a new free AOS EAD/AP combo card:

• I-765 EAD
• I-131 AP

[Miguel Rodriguez 6]

On 7/22/2018 at 12:22 PM, TM92 said:

OP slightly clarified, but can provide more specifics if he wishes: date of POE for 3rd B2 visit, max stay allowed by CBP, date of AOS filing.

Looks like OP has decided to go the VAWA route.

Yes, I have begun filling out the I-360 form thanks to TM92

Edited July 25, 2018 by Miguel Rodriguez

[Miguel Rodriguez 6]

On ‎7‎/‎23‎/‎2018 at 3:53 PM, TM92 said:

@Miguel Rodriguez, I forgot to mention: also file the following with the 4 forms above for a new free AOS EAD/AP combo card:

• I-765 EAD
• I-131 AP

 

On ‎7‎/‎23‎/‎2018 at 3:53 PM, TM92 said:

@Miguel Rodriguez, I forgot to mention: also file the following with the 4 forms above for a new free AOS EAD/AP combo card:

• I-765 EAD
• I-131 AP

Hello, on the I-360 Part 2: Classification Requested

 

Do I select

I- Self Petitioning Spouse

or

K- VAWA Self Petitioning Parent

 

Thank you for your help. Thank you!!!

[TM92 527]

50 minutes ago, Miguel Rodriguez said:

Hello, on the I-360 Part 2: Classification Requested

 

Do I select

I- Self Petitioning Spouse

or

K- VAWA Self Petitioning Parent

 

Thank you for your help. Thank you!!!

I Googled, and it looks like "I- Self Petitioning Spouse". But I'm not an expert, so my resoning below might be incorrect:

I think "K- VAWA Self Petitioning Parent" classification is if your daughter is 21 or older and you suffer battery or extreme cruelty by your daughter, https://www.uscis.gov/humanitarian/battered-spouse-children-parents#parent. But verify this in the VAWA thread or ask @sandranj.

Edited July 25, 2018 by TM92

[TM92 527]

On 7/22/2018 at 9:51 AM, TM92 said:

Definitely DIY; you just need to file the following together:

• I-360 VAWA Self-Petition: https://www.nolo.com/legal-encyclopedia/application-process-vawa-green-card.html
• I-485 AOS
• I-864W Affidavit of Support Exemption for VAWA: https://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter14-15.html
• I-912 AOS Fee Waiver: https://www.nolo.com/legal-encyclopedia/filling-out-form-i-912-fee-waiver.html

If you have specific questions you can ask at the VAWA thread or @sandranj

@Miguel Rodriguez This is optional, but you can also include Form G-1145, E-Notification of Application/Petition Acceptance, with each of the 6 forms.

[TM92 527]

19 minutes ago, TM92 said:

include Form G-1145

@Miguel Rodriguez Oops, not for the I-864W and I-912. They are not considered applications or petitions on their own.