What Will A Divorce Do While I Wait For AoS

[DeadliftingDad 3]

Hi everyone,

 

I was hoping someone can offer some insight with a current situation I'm in.

 

I moved to be with my partner (I'm a Canadian citizen) to the US (he is a US citizen) over two years ago and we have been married since then.  It'll be three years in November, and we have been together four.  During this time, he never began filing for my visa, even though he said he was.  I eventually took the matter into my own hands and submitted the necessary paperwork to get my AoS started, which was submitted last week.  Hurrah!  

 

However, during this time, things have been rough.  He is suffering from depression, and has been borderline abusive. There has been name calling, emotional and mental abuse as well.  As well, he has had the cops called on domestic abuse (which wasn't me), but someone living with us.  I have been talking to my therapist about this as well.  I know there is the option of VAWA, but I'm not sure how long that process will take.  

 

I was had a few questions about my situation that I'm hoping someone could answer.

 

- How long will the VAWA take? I've read it can be upwards of two - three years.

- My partner said he is willing to see my visa through until the end, if I no longer want to be with him.  However, from what I read when we go for an interview together, we need to be in good standing, such as living together.  I have plenty of proof that we entered this relationship with good intentions (Credit cards in our name, health insurance, my name is on the lease, plane tickets in our names), but things went south.  Is it possible for me to live separately from him while I wait for my AoS?

- Would it perhaps be wiser to wait for my AoS to clear before I file for a divorce/separate? I've been told this can take up towards a year, which seems like a bloody long time for my mental health. 

 

Or does any one have any other options which I can consider during this difficult time. 

Edited June 24, 2020 by DeadliftingDad

[Lucky2Lucky 2,526]

Did you come on a k1? You need your partner to adjust status unless you are filing a VAWA.

Edited June 24, 2020 by Luckycuds

[DeadliftingDad 3]

28 minutes ago, Luckycuds said:

Did you come on a k1? You need your partner to adjust status unless you are filing a VAWA.

I came on a tourist visa. Sorry for not specifying. 
 

If it makes a difference I have the following forms submitted and waiting to be processed

 

I-130

I-131

I-485

I-765

I-864

I-944

 

[Villanelle 4,122]

If you are in an abusive situation YOU NEED TO LEAVE ASAP. I can not stress that enough. Please put your safety first! What good is LPR status if you are dead? 

 

You can join the VAWA thread for information on filing VAWA. You will be able to work and travel during the process which can take a few years. 

 

 

[TBoneTX 45,329]

OP has joined the main VAWA thread, so the current thread is now closed.