Spouse want divorce after 6 months of filing AOS

[Augustin 0]

A friend of mine who is married (about two years) to an American citizen, told me after about 6 months of filing for AOS his wife said she divorce. However, the problem started when they move out from their rented apartment (after the lease is due) to the free apartment from wife's sister. And the said sister don't want him in the house and consequently, his wife requested for divorce. The last time he went to see his wife, after they had breakfast together, the wife want him to sign the divorce forms, he tried to talk to her about needing time to study the forms. At that level, she was really mad, push him, threaten to stab him with the pen, broke his properties. Then, the police was involved and Battery was charged against the wife. The question is that he need advice from the readers on what to do concerning the AOS application.

Edited May 14, 2019 by Augustin

[Going through 5,671]

Your friend may be eligible for VAWA, depending on any history of abuse/evidence of same...and can request to convert the existing i-485 to a VAWA self-petition.  Read the full info on the link pasted below as to what is required:

 

https://www.uscis.gov/green-card/green-card-vawa-self-petitioner

 

If you already have a pending Form I-485 based on an approved Form I-130, Petition for Alien Relative that the abusive family member filed for you, you may request to convert your Form I-485 so that it is based on your VAWA self-petition. To make this request, you must notify the USCIS field office adjudicating the pending Form I-485 that you have filed a VAWA self-petition or that you will do so within 30 days. You should also provide the USCIS field office with a safe address where we can mail all future correspondence to you.

If you do not submit evidence that you filed a VAWA self-petition within 30 days of requesting to convert your Form I-485, USCIS may make a decision on your pending application based on the original Form I-130 filed by the abusive family member. Otherwise, if USCIS approves your VAWA self-petition, your application to adjust status will be based on the VAWA self-petition instead of the original Form I-130.

Edited May 14, 2019 by Going through

[Boiler 45,559]

What do you mean by broke your properties.

[Going through 5,671]

1 minute ago, Boiler said:

What do you mean by broke your properties.

Property damage, maybe?

 

With a battery charge, sounds like she physically assaulted him too (I presumed).

[Augustin 0]

7 hours ago, Boiler said:

What do you mean by broke your properties.

She broke his TV which the Police saw on arrival.

[Going through 5,671]

4 hours ago, Augustin said:

She broke his TV which the Police saw on arrival.

Has she ever (to your knowledge) physically/emotionally abused him?  You said she was charged with battery, earlier?  Did he end up dropping the charges?

Threats/property damage while terrible things, doesn't necessarily meet the strict requirements for a VAWA claim to be successful.

 

Curious---On what type of visa did he enter the US?

[Augustin 0]

49 minutes ago, Going through said:

Has she ever (to your knowledge) physically/emotionally abused him?  You said she was charged with battery, earlier?  Did he end up dropping the charges?

Threats/property damage while terrible things, doesn't necessarily meet the strict requirements for a VAWA claim to be successful.

 

Curious---On what type of visa did he enter the US?

Yes she has slap him and push him on many occasion.

Not sure of what visa he came in with.

[Augustin 0]

5 hours ago, Augustin said:

Yes she has slap him and push him on many occasion.

Not sure of what visa he came in with.

He didn't drop the charge against her.

[millefleur 5,046]

**Moved from AOS from Work, Student, & Tourist Visas to Effects of Major Family Changes on Immigration Benefits to be among similar threads**

[nastra30 2,287]

Tell your friend to look into VAWA.

[Augustin 0]

On 5/14/2019 at 1:16 AM, Going through said:

Has she ever (to your knowledge) physically/emotionally abused him?  You said she was charged with battery, earlier?  Did he end up dropping the charges?

Threats/property damage while terrible things, doesn't necessarily meet the strict requirements for a VAWA claim to be successful.

 

Curious---On what type of visa did he enter the US?

i confirmed from him that he entered with B1/B2 visa.

[Going through 5,671]

Have him read up on the link I posted earlier about self-petitioning with VAWA...best of luck to your friend.