removal of conditions on resident card if i have a protective order against my husband for 18months

[anewor 0]

i have an active protective order on my husband because he's been hurting me and he's been cheating on me. he's been living with the girl since May 29 this year that he was removed from his house. he filed the divorce the same date. if i am gonna apply on the removal of conditions on my GC, do i need to wait for the finality of the divorce? Also, my daughter haven't received any update on our application for her AOS and she's been here almost 2years..please help

[geowrian 22,338]

You can file for ROC with a divorce waiver before the divorce is final. You will need to submit the final divorce decree before approval - they may RFE for it or wait until an interview.

 

As for your daughter, that's more complicated. I'm assuming he was the petitioner for her, right? If so, if he pulls his I-864 from her application then her AOS will be denied. From that point, best thing would be to file your own I-130 + I-485 packet for her (since F2A is current...assuming she is under 21 and unmarried). VAWA might be an option as well, but honestly your own I-130 is a simpler process.

Edit: #######..forgot to mention that filing your own I-485 for her requires that she has maintained lawful status the entire time in the US...overstay is not allowed with a green card petitioner.

Edited October 12, 2019 by geowrian

[anewor 0]

what if a friend is willing to sign an adoption papers for me and my daughter, is that possible too?

[geowrian 22,338]

Just now, anewor said:

what if a friend is willing to sign an adoption papers for me and my daughter, is that possible too?

Adoption that permits immigration benefits is extremely restricted and fairly complicated. It does not appear - at least prima facia - to qualify for immigration benefits here.