HELP! My husband divorce me then filed a withdrawal of papers claiming i am a fraud

[cvee 4]

HELP! My husband divorce me then filed a withdrawal of papers claiming i am a fraud. 

 

My husband has mental issue problem (anxiety and depression), it is genetics since since mother and sister has schizophrenia.  

I came here in the US last July 2019, got married last Oct 2019. 

He filed a divorce after 4 months of marriage Feb 2020 claiming that he fell out of love for me and irrevocable differences. 

But it was his mental issues and medicine his taking that affects his feelings and decision making. 

Hence he filed a divorce after ONE single argument we had. 

I signed the papers bcos he was threatening me that he could kill himself if he stays in our marriage.

We separated last March, i moved to CA and stayed with friend to give him space and fix our marriage then the lockdown happened (Covid). 

We have constant communication to make sure that he is doing okay. 

Now, he filed a withdrawal of my I-485 application claiming that i was a fraud, and used him to come here in the US. 

I need to protect and clear my name. I didn't have plans to proceed with my GC but I am changing my mind bcos of what he did.

I am scheduled for my AOS interview but i don't know when since he has the letter and he doesn't want to tell me, also my working permit card is with him .

 

What should i do now? Where should i file a case? Who should i call? 

I want to clear my name, i have proofs of our legit relationship, and contact details of his doctor and his medicine. 

[Crazy Cat 41,845]

If he withdrew the I-864 for your adjustment, your I-485 will be denied.  I am not a VAWA expert, but I see very few, if any,  options.  I'm sure others will contribute more to this thread....Good luck.

Edited May 21, 2020 by Lucky Cat

[geowrian 22,337]

The only somewhat practical option without his support is VAWA. Nothing you noted appears to meet the VAWA requirements, but if you think it does, I suggest seeking assistance with an attorney, an immigrant support group (sometimes churches have these too), and/or discuss it in the VAWA thread here:

 

Him wanting a divorce for any reason or no reason at all, or possibly having personal issues, is his decision to make. This is one of the major drawbacks of a K-1...you are dependent on the petitioner to complete the process. The fact that you entered into the process in good faith does not matter if they want to stop the process for any reason prior to AOS approval.

 

Edit: if he's holding your property (i.e. immigration paperwork and documents) and won't return them, that's a matter for the police if you want to retrieve them. Those are your property, not his.

Edited May 21, 2020 by geowrian

[cvee 4]

1 hour ago, geowrian said:

The only somewhat practical option without his support is VAWA. Nothing you noted appears to meet the VAWA requirements, but if you think it does, I suggest seeking assistance with an attorney, an immigrant support group (sometimes churches have these too), and/or discuss it in the VAWA thread here:

 

Him wanting a divorce for any reason or no reason at all, or possibly having personal issues, is his decision to make. This is one of the major drawbacks of a K-1...you are dependent on the petitioner to complete the process. The fact that you entered into the process in good faith does not matter if they want to stop the process for any reason prior to AOS approval.

 

Edit: if he's holding your property (i.e. immigration paperwork and documents) and won't return them, that's a matter for the police if you want to retrieve them. Those are your property, not his.

I have check the underlying circumstances that i am actually under VAWA. 

 

I am emotionally abuse, he keep on using his mental illness to get my empathy and my husband threatened me that he might kill himself if he stays in our marriage. There's more. 

[Lucky2Lucky 2,526]

4 minutes ago, cvee said:

I have check the underlying circumstances that i am actually under VAWA. 

 

I am emotionally abuse, he keep on using his mental illness to get my empathy and my husband threatened me that he might kill himself if he stays in our marriage. There's more. 

The thing is you need to have proof. I’m NOT saying it isn’t happening- you need to show proof. Has he written these things in text or email?

[cvee 4]

Just now, Luckycuds said:

The thing is you need to have proof. I’m NOT saying it isn’t happening- you need to show proof. Has he written these things in text or email?

No, he is smart enough not to write everything he said against me. 

[pythagorUS 22]

3 hours ago, cvee said:

No, he is smart enough not to write everything he said against me. 

 

3 hours ago, cvee said:

No, he is smart enough not to write everything he said against me. 

Go to the Vawa thread and post your situation in detail. They would be able to guide you and let you know if there’s a case

[SalishSea 17,829]

5 hours ago, cvee said:

HELP! My husband divorce me then filed a withdrawal of papers claiming i am a fraud. 

 

My husband has mental issue problem (anxiety and depression), it is genetics since since mother and sister has schizophrenia.  

I came here in the US last July 2019, got married last Oct 2019. 

He filed a divorce after 4 months of marriage Feb 2020 claiming that he fell out of love for me and irrevocable differences. 

But it was his mental issues and medicine his taking that affects his feelings and decision making. 

Hence he filed a divorce after ONE single argument we had. 

I signed the papers bcos he was threatening me that he could kill himself if he stays in our marriage.

We separated last March, i moved to CA and stayed with friend to give him space and fix our marriage then the lockdown happened (Covid). 

We have constant communication to make sure that he is doing okay. 

Now, he filed a withdrawal of my I-485 application claiming that i was a fraud, and used him to come here in the US. 

I need to protect and clear my name. I didn't have plans to proceed with my GC but I am changing my mind bcos of what he did.

I am scheduled for my AOS interview but i don't know when since he has the letter and he doesn't want to tell me, also my working permit card is with him .

 

What should i do now? Where should i file a case? Who should i call? 

I want to clear my name, i have proofs of our legit relationship, and contact details of his doctor and his medicine. 

Nothing in this speaks to it being a VAWA case, but rather a change of heart.  There is not much you can do without actual proof, like police reports, etc.

Just now, Jorgedig said:

I am scheduled for my AOS interview but i don't know when since he has the letter and he doesn't want to tell me, also my working permit card is with him .

Why don't you have an online account with USCIS?

[JFH 12,190]

4 hours ago, cvee said:

I have check the underlying circumstances that i am actually under VAWA. 

 

I am emotionally abuse, he keep on using his mental illness to get my empathy and my husband threatened me that he might kill himself if he stays in our marriage. There's more. 

Were you aware of this diagnosis beforehand? If he actually has a mental health issue and his actions are the result of his illness then it could be a tough battle. Him threatening to kill himself is not necessarily abuse, he needs help and quickly. 

Edited May 22, 2020 by JFH

[Boiler 45,488]

I replied to your other thread, hopefully one of our friendly mods will merge them.

 

I do not see any VAWA issue, a failed marriage, happens.

[geowrian 22,337]

Agreed - nothing noted appears to meet the 'extreme cruelty" bar for emotional abuse to qualify for VAWA. This is not a bar of showing emotional pain or even manipulation, but typically involves a psychological evaluation, affidavits, etc.

All claims made for VAWA must be substantiated with evidence for consideration.

 

As noted, ask in the VAWA thread and/or seek professional assistance if you want to go that route. But don't go that route just to try to "clear your name" (the wording from your original post) or as spite or revenge...it will not end well and will only stretch things out.

"I need to protect and clear my name. I didn't have plans to proceed with my GC but I am changing my mind bcos of what he did."

Edited May 22, 2020 by geowrian

[BadAmmoWitch 213]

6 hours ago, cvee said:

I have check the underlying circumstances that i am actually under VAWA. 

 

I am emotionally abuse, he keep on using his mental illness to get my empathy and my husband threatened me that he might kill himself if he stays in our marriage. There's more. 

Nope.

[African Zealot 1,455]

14 hours ago, cvee said:

HELP! My husband divorce me then filed a withdrawal of papers claiming i am a fraud. 

 

My husband has mental issue problem (anxiety and depression), it is genetics since since mother and sister has schizophrenia.  

 

What should i do now? Where should i file a case? Who should i call? 

I want to clear my name, i have proofs of our legit relationship, and contact details of his doctor and his medicine. 

You should think about going home. There’s no reason to continue being here.

[blest.but.strest 50]

I do not like the way VAWA is thrown as a solution to any type of marital issue. Because of misuse of VAWA this program may be scrutinized and altered which would penalize people suffering real marital abuse.

To be honest you don’t have to many options here but to answer your question accurately, please reply to the following: 
1. What Visa did you enter the USA on? 
2. Have you ever overstayed a US visa in the past? 
3. Did you come here with the intention of getting married? 
4. How long have you known him?

5. Have you suffered any abuse? If so please give a couple of examples.

6. When and where is the AOS interview? 

7. does he have diagnosed mental issues or this is only your interpretation? 
 

 

[geowrian 22,337]

3 hours ago, blest.but.strest said:

1. What Visa did you enter the USA on? 

2. Have you ever overstayed a US visa in the past? 
3. Did you come here with the intention of getting married? 
4. How long have you known him?

5. Have you suffered any abuse? If so please give a couple of examples.

6. When and where is the AOS interview? 

7. does he have diagnosed mental issues or this is only your interpretation?

I think most of these are answered already via the forum this is posted in + the user's timeline.

1) They entered on a  K-1 visa.

2) Unlawful presence is very likely not to be an issue here in terms of the 3/10 year bar, assuming they leave before I-485 denial or shortly after denial of the I-485. Given the timeframes described with an upcoming interview, they likely have a few weeks to a few months of overstay at most, prior to filing the I-485. Overstay would be from October 2019 to whatever date they filed the I-485 (which is taking >6 months for an interview at their LFO).

3) Yes (presumed), as that is the purpose of the K-1 visa.

...

6) Profile indicates Kansas City LFO