PLEASE Help! New in USA in abusive relationship

[visawonderer 10]

Hello everyone, I have been reading the forums a lot lately and finally found the courage to post. I really hope that I find the help I need with you guys. My story is complicated. I will try to organize my points well. Please ask if you need clarification. 

 

I am a female immigrant who came here on a Fiance Visa. Our marriage was somewhat arranged but we spoke and got to know each other for 2 years before finally committing to moving to USA to live with him. Unfortunately, I found out that phone/long distance relationships don't really help in getting to know the person because once I came here, I found a completely different person than the one I knew over the phone. 

 

My husband has a previous failed marriage experience and seems to have been traumatized by it. He seems to have married someone from overseas to keep in the dark and only feed the information he wants/sees fit to share. A lot of what he told me is false and I am just starting to learn more about my rights and legal issues... Long story short, he did not want to marry me legally within 90 days. But, under pressure, he did 2 days before expiration date. 

 

He owns a small grocery business. He lives with his parents. His father (my father in law) is verbally abusive and has physically assaulted other members of the family, just not me yet. They force me to work, unpaid, in the store (regardless of my legal work permission, they force me to work unpaid). Not only that but he doesn't care about developing a relationship with me. He leaves me and goes on vacations alone. He seems to have psych issues from his previous marriage and I really don't know why he even married me.

 

I left my home, job, and everything to immigrate here for him and I am completely thrown in the dark here. Everything he told me about my visa is apparently wrong. He refuses to adjust my status, he avoids me like the plague, and he allow his father to verbally abuse me while forcing me to work in their store. It's as if he brought a free worker to use as he pleases.

 

Here are some details followed by questions that I hope you guys can help me with:

 

1) I came to the US on a K1 visa in January 2019. 

2) I got married within 90 days BUT my husband switched my first & last name on the certificate. 

3) K1 expired in April 2019. 

4) He refuses to adjust my status. He claims that he does not have the money to do so and that the application + lawyer will cost $6,000. A friend offered to lend me the cost but he still refuses to do it. 

 

Questions:

1) My friend says that I am at risk of deportation. Is that true? 

2) If so, how do they find me? What triggers me being found to be deported?

3) Can I travel by plane WITHIN the states? I have a cousin in TX that I'd like to go to if things get worse.

4) What are the forms that he needs to submit? I-485 and I-130? Anything else? 

5) If he continues to refuse to apply, is there any way for me to adjust my own status? 

6) If anyone knows about divorce, female rights, or immigrant rights, can they get in trouble for forcing me to work illegally and unpaid? What are my legal rights in this case?

7) Are these things ground to file for divorce without being deported? I really don't want to go back to my country and have to start everything over, on my own, from scratch.

8) Should I seek help from a lawyer? If so,  should it be a divorce or an immigration lawyer? I don't have money for lawyers, how does that work?

9) HOW LONG does adjusting status take? I live near Springfield, VA. How long will it take to adjust my status?

10) Finally, if his father physically assaults me, can I call the cops? Will I be deported if I seek help from the local police? I am really scared that he may retaliate if I speak up. 

 

I appreciate any input and help. I am new in the country and don't know what to do. 

 

[payxibka 10,045]

1) yes

2) 

3)yes

4)I485/I131/I765 

5)not without his participation 

6)

7) most states have no fault divorce. no grounds required other than irreconcilable differences .  You divorce,  you go home.   No path to immigration without your marriage to your petitionner 

8 )

9) could be a year

10) of course you can call the police 

 

 

[Boiler 45,559]

6. You legal right is not to work, could they get in trouble absolutely. But that would not help you. From a practical point if view there many millions working here illegally so your case is not likely to be very high up on the list.

 

8. Sounds like you need a Divorce Lawyer, might be easier and cheaper to Divorce in your Home Country.

 

Best bet would be to ask your Cousin to fund your trip home, you are out of status but it would be extremely rare that there would be any issues leaving.

[Boiler 45,559]

Ooops missed 2, well it is a remote risk obviously and any way nobody on here would suggest that, last case I remember on here was someone being in a car that was stopped. Forget why, anyway they checked ID and ohh dear. I think that was a K1 overstay.

[designguy 1,179]

3 minutes ago, Boiler said:

Best bet would be to ask your Cousin to fund your trip home, you are out of status but it would be extremely rare that there would be any issues leaving.

Agreed. Nothing here is going to happen quickly if you go down the path of trying to stay in the US. Unfortunately he holds most of the cards and if you can't afford to hire a lawyer to divorce him will be problematic. If you are looking for immediate relief from the situation you should find a way to get back home

[Russ&MaryAnn 110]

Would VAWA act apply to her?

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

I’m not very familiar with it, but there’s a lot of posts about it. Search VAWA. I’m sure others will give you info about it if it applies 

[belinda63 3,038]

So far I don't see any abuse by the spouse. Best thing to do is just return home and divorce him. 

[Boiler 45,559]

No. OP said he avoids her like the plague.

[Ontarkie 14,234]

~~Moved to Effects of Major Family Changes, from AOS Family - As similar threads are discussed here.~~

[Georgia16 2,858]

You can read about the AOS here. It's $1225 and can be done without a lawyer but not without your husband. But if you are feeling that bad and feel they treat you bad maybe it is better to go back home and start over wouldn't that be better then living here unhappy?

 

https://www.uscis.gov/i-485

[geowrian 22,337]

56 minutes ago, visawonderer said:

Our marriage was somewhat arranged

Can you explain?

 

56 minutes ago, visawonderer said:

He owns a small grocery business. He lives with his parents. His father (my father in law) is verbally abusive and has physically assaulted other members of the family, just not me yet. They force me to work, unpaid, in the store (regardless of my legal work permission, they force me to work unpaid). Not only that but he doesn't care about developing a relationship with me. He leaves me and goes on vacations alone. He seems to have psych issues from his previous marriage and I really don't know why he even married me.

Be sure to ensure your safety first and foremost.

 

VAWA doesn't appear to apply here as the potential abuse is not from a spouse or parent (FIL won't qualify here).

 

56 minutes ago, visawonderer said:

Questions:

1) My friend says that I am at risk of deportation. Is that true? 

2) If so, how do they find me? What triggers me being found to be deported?

3) Can I travel by plane WITHIN the states? I have a cousin in TX that I'd like to go to if things get worse.

4) What are the forms that he needs to submit? I-485 and I-130? Anything else? 

5) If he continues to refuse to apply, is there any way for me to adjust my own status? 

6) If anyone knows about divorce, female rights, or immigrant rights, can they get in trouble for forcing me to work illegally and unpaid? What are my legal rights in this case?

7) Are these things ground to file for divorce without being deported? I really don't want to go back to my country and have to start everything over, on my own, from scratch.

😎 Should I seek help from a lawyer? If so,  should it be a divorce or an immigration lawyer? I don't have money for lawyers, how does that work?

9) HOW LONG does adjusting status take? I live near Springfield, VA. How long will it take to adjust my status?

10) Finally, if his father physically assaults me, can I call the cops? Will I be deported if I seek help from the local police? I am really scared that he may retaliate if I speak up.

1. Yes, ever since sometime in April (90 days from entry).
2. Same way they find anybody...many times they don't for many years but there is always the risk. They have been seemingly doing check-ups on K-1 holders who don't file within 90 days more often, but it is still rare.
3. Yes. Although note that there is a possibility of CBP working alongside TSA, especially in border states like TX. CBP or ICE can check status.
4. I-485 for AOS, with an I-131 for AP and I-765 for an EAD optional but recommended (no extra fee).
   1. Note that the above packets requires several supporting documents, including an I-864 from your spouse for the I-485.
5. Only VAWA, but that doesn't appear to apply.
6. If they are forcing you via threats or violence, then that is a legal issue to raise with the authorities. Technically one could report their employment of unauthorized workers, but that would not be beneficial for you.
7. Yes, one can divorce with or without cause. This is a separate issue than immigration.
8. For a divorce, I would highly suggest a lawyer. For immigration, there's not really anything for them to do here (unless you were to be detained and/or put into removal proceedings first).
9. Not applicable based on the above.
10. Yes! Call the cops if assaulted, and get somewhere safe before it happens. Check for local shelters if needed.

[Lil bear 4,228]

51 minutes ago, belinda63 said:

So far I don't see any abuse by the spouse. Best thing to do is just return home and divorce him. 

This is still an abusive relationship. Financial , emotional , psychological abuse. I would need to read the VAWA guidelines to check their definition , but this is an abusive relationship  

[Georgia16 2,858]

2 minutes ago, Lil bear said:

This is still an abusive relationship. Financial , emotional , psychological abuse. I would need to read the VAWA guidelines to check their definition , but this is an abusive relationship  

There is no evidence for filing WAWA that is the problem for her

[Lil bear 4,228]

1 minute ago, Georgia16 said:

There is no evidence for filing WAWA that is the problem for her

I beg to differ. If she attended any of the counselling services available under VAWA , and tells her story .. she will be clearly identified as a victim of domestic  violence .. broken bones and bruises are not the only evidence of DV. Take a look at the VAWA website for a better understanding of the fullness of DV and then reflect on the OPs narrative .. it lines up in multiple sectors. This is Domestic  Violence 

  https://www.thehotline.org/is-this-abuse/abuse-defined/

[Georgia16 2,858]

3 minutes ago, Lil bear said:

I beg to differ. If she attended any of the counselling services available under VAWA , and tells her story .. she will be clearly identified as a victim of domestic  violence .. broken bones and bruises are not the only evidence of DV. Take a look at the VAWA website for a better understanding of the fullness of DV and then reflect on the OPs narrative .. it lines up in multiple sectors. This is Domestic  Violence 

  https://www.thehotline.org/is-this-abuse/abuse-defined/

It will be her words against his... I'm not saying it only has to be physical but you can't  just "tell your story" and then thats fine.

Edited August 26, 2019 by Georgia16