AOS divorce paper helppppp

[Rebel123 0]

I am married to my husband and I file all my paperwork for my adjustment of status. USCIS now wants my husband divorce papers from his previous marriage and now he refused to give it to me and he put me out of the house. I don’t know what to do? Can I apply for wawa without the divorce papers??

[SalishSea 17,819]

19 minutes ago, Rebel123 said:

I am married to my husband and I file all my paperwork for my adjustment of status. USCIS now wants my husband divorce papers from his previous marriage and now he refused to give it to me and he put me out of the house. I don’t know what to do? Can I apply for wawa without the divorce papers??

There are specific criteria for VAWA.   You can’t just file for the reasons you listed.   
 

If he is your petitioner, they need to confirm that your marriage is is good faith, and legal, which is why they need the divorce decree.

 

How has it broken down so quickly?   How long have you been married?   Are you sure he was ever divorced 

[Chancy 6,241]

*** Moved from AOS from Work/Student/Tourist Visas forum to Effects of Major Family Changes forum, where questions related to VAWA are discussed ***

 

[Ontarkie 14,218]

~~Duplicate thread has been removed. Please do not start another thread on this topic. The Post above mine was to let you know your thread was moved to a better forum. Not that you needed to start another in that forum.~~

[EM_Vandaveer 2,408]

If the reason for his refusal is that he doesn't have those papers because he never obtained a divorce (hopefully this isn't the case) then unfortunately your marriage would be invalid and you would not be eligible for AOS neither through him nor via VAWA as you need a valid marriage for either of those options.

[Redro 4,611]

8 hours ago, EM_Vandaveer said:

If the reason for his refusal is that he doesn't have those papers because he never obtained a divorce (hopefully this isn't the case) then unfortunately your marriage would be invalid and you would not be eligible for AOS neither through him nor via VAWA as you need a valid marriage for either of those options.

Eligibility Requirements for a VAWA Self-Petition

You believed that you were legally married to your abusive U.S. citizen or permanent resident spouse but the marriage was not legitimate solely because of the bigamy of your abusive spouse.

https://www.uscis.gov/humanitarian/abused-spouses-children-and-parents

 

If the validity of the marriage is the only factor OP cannot file for VAWA… but if there was abuse you can file. 

[EM_Vandaveer 2,408]

On 5/17/2023 at 3:53 AM, Redro said:

Eligibility Requirements for a VAWA Self-Petition

You believed that you were legally married to your abusive U.S. citizen or permanent resident spouse but the marriage was not legitimate solely because of the bigamy of your abusive spouse.

https://www.uscis.gov/humanitarian/abused-spouses-children-and-parents

 

If the validity of the marriage is the only factor OP cannot file for VAWA… but if there was abuse you can file. 

Thank you so much, I have learned something new today!