3 years without gc

[Iloveyoi 0]

 I’ve been stuck in the house  for three years now No gc ... I feel like I’m prisoner ... my husband leaves at work off shore for a month .. I can’t live like this anymore I want a divorce ... what happen to me when he divorce me ? Pls help me 

Edited April 1, 2019 by Iloveyoi

[Roel 7,192]

So your husband never applied for your AOS? Why do you not have a green card? 

 

If you divorce then you have no legal path to stay in the US and need to leave. K1 Visa holders can only adjust status through their sponsor. 

[millefleur 5,046]

**Moved from K-1 Fiance(e) Visa Case Filing and Progress Reports to Effects of Major Family Changes on Immigration Benefits to be among similar threads**

[Going through 5,671]

5 hours ago, Iloveyoi said:

 I’ve been stuck in the house  for three years now No gc ... I feel like I’m prisoner ... my husband leaves at work off shore for a month .. I can’t live like this anymore I want a divorce ... what happen to me when he divorce me ? Pls help me 

Did you/your husband file to adjust status?   If not, why not?   What type of visa did you enter the US with?

[Roel 7,192]

2 hours ago, Going through said:

Did you/your husband file to adjust status?   If not, why not?   What type of visa did you enter the US with?

Good question. Dunno why I automatically assumed it's K1, lol.

[Going through 5,671]

Hopefully OP will return to this thread to clarify...at this point we don't even know if AOS was ever filed, or it was filed and she's (obviously) exceeded the normal processing time.

 

Hopefully for her sake its the second.

Edited April 1, 2019 by Going through

[Iloveyoi 0]

He never applied gc I’m k1 visa been here since 2016 I’m with kids 

[Going through 5,671]

34 minutes ago, Iloveyoi said:

He never applied gc I’m k1 visa been here since 2016 I’m with kids 

Unfortunately, unless he applies for your AOS you have no legal basis to remain the country, and are subject to deportation at any time.  You can only adjust status from your K1 petitioner (your husband)

.

What is the reason he never applied?  Financial concerns?  

 

Unless you have another qualifying US-based relative who can sponsor you as a sibling (you would have to return to your home country to wait out the processing), I'm not sure if there are any other options for you at this point other than to divorce and return home.  Children are another issue---are they yours alone, or he is the father?

 

[Iloveyoi 0]

Mine .. so I can’t self petition?

I can’t ask help to welfare ??? Not financially .. he wants me to stay in house because of jealousy 

[Going through 5,671]

Just now, Iloveyoi said:

Mine .. so I can’t self petition?

Only if you fall under eligibility for VAWA.  https://www.uscis.gov/green-card/green-card-vawa-self-petitioner 

[portorusa 431]

Not to file immigration papers for a spouse is a form of abuse, IMHO. Especially if there are children. Her US citizen husband keeps her as a house plant; she has no right to work, drive a car, go to a school, etc. It's a form of control on the husband's part. I bet there must be at least some form of emotional/psychological abuse, too. And as she mentions "welfare", then economical abuse, as well.

Look, lady: You need to look for help. To search for a pro-bono immigration attorney (Legal Aid) that can help you to self-petition for permanent residency (VAWA-based). You don't have to divorce your husband for that. You don't have to leave him for that. You don't have to inform him of your self-petition. 

But if you think you (and/or your kids) are in danger, then you have to leave him ASAP.

[Villanelle 4,122]

52 minutes ago, portorusa said:

Not to file immigration papers for a spouse is a form of abuse, IMHO.

Not trying to be sarcastic but USCIS does not take the same position on this issue so what you think (or I think or anyone else thinks) means zilch. Refusing to complete the 864 needed for AOS- because remember the AOS forms and packet is the immigrants packet. Its not joint like ROC and its not the USCs packet like the 130 or 129f is. The 485 packet is the immigrants. The only thing needed from the spouse is the 864 and refusing to provide one in itself is NOT considered abuse by USCIS. 

 

USCIS has very specific definitions of what constitutes abuse- whether its physical or emotional (they call it extreme cruelty). @Iloveyoi if you feel your spouse is abusive to you (physically or emotionally) you can join the VAWA thread in this subforum- or you can continue posting here- but you would need to post what the abuse entails for users to help you evaluate if it meets the definition of abuse USCIS has. You can also contact a womens shelter or Catholic Charities or even just use google to find a VAWA attny to review your situation and see if you qualify for self petitioning under VAWA.  

[Iloveyoi 0]

I have something to ask if I can remarried without green card and visa expired 

[Roel 7,192]

3 hours ago, Iloveyoi said:

I have something to ask if I can remarried without green card and visa expired 

You can remarry but you will be in the US illegally forever. (Until you leave, wait out the ban and apply for cr1 Visa with new spouse). 

[Going through 5,671]

6 hours ago, Iloveyoi said:

I have something to ask if I can remarried without green card and visa expired 

You're free to marry whomever you like.  Being able to remain in the US legally is another matter however.  You won't be able to AOS from inside the US with the new spouse though----since you entered on a K1 you can only adjust status within the US through the person who petitioned you for the K1.

 

If you remarry, you would need to return to your home country to wait out the processing for a CR-1 spouse visa, if you wish to live legally in the US.

 

I'm guessing no VAWA claim available to you, then?