Hello guys, I came to US on marriage based visa on 2022, while living with my husband he has been a drunk abuser. He becoming mean,agressive while he is drunk and very next day when he got sober he blame me for overreacting.I left twice to my original country. He promised me that he would stop drinking when I return he started again. four months ago we jointly filled I751 petition, after that we got into big argument and brake up we still married but live separately for the last three months. I made a condition, I will only be with him if he will get treatment. On couple therapy he said nothing wrong with him ,the problem on me because I have to learn how to communicate with him properly. He wants to come back as nothing was happening or I have to go back to my country. He threatens me to file a report against me that I came to US only for benefits and used him for money.He knows i have no family or friends here and my English is not fluent.
I have evidence for financial, emotional abuse he does not let me use my cards, he withdraw money. The lease office sent me eviction notice, he knows I recently arrived and Im unemployed, he suspended my phone line.
I can not decide what would be the best for me, file for divorce and convert to waiver My marriage was entered in good faith, but the marriage was terminated though divorce or annulment,
Or I entered the marriage in good faith, and during the marriage, I was battered or was the subject of extreme cruelty, by my US citizen spouse?
do I have to file for divorce first then get divorce certificate then convert the petition ?
Thank you for any advice