Married for 4 year Never filed for AOS

[Matt&Kaci 3]

I have a question. A friend of mine came into the country when she was 16 on a tourist visa, she ended up staying past what her visa allowed her and ended up getting married to a US citizen at the age of 18.

She has been married for 4 years and her husband never filed her AOS, he told her he wouldnt file it cause he was afraid she would leave him. This makes sence seeming as though he beat her, which he is now in jail for.

However, this leaves her in a perdicament. Her first issue is she overstayed her visa. The second issue is her husband of 4 years is now in prison and she is unable to file for AOS without him, unless i am mistaken. She no longer wants to be with him or married to him either because of the abuse.

She has all her paperwork from the day she entered into the US. As of right now she has nowhere to go, is out of status, unable to work, and can't take care of herself. She is scared because she doesn't know what to do.

Does anyone have any advice, I realize that she will probable need to see an immigration attorney, but I just want to know if there is anything she can do?

Thanks in advance.

[belinda63 3,039]

Since she never had a green card her options are very limited. She can return home or she can remain in the US out of status.

[Matt&Kaci 3]

Since she never had a green card her options are very limited. She can return home or she can remain in the US out of status.

Even if she is still currently married?

[Deputy Purple 1,294]

She needs to research VAWA...

The fact that she is married to a USC who refused to file AOS as a means to control here is abusive but difficult to prove...

That he's now in prison for physically abusing her would provide a lot of evidence for a VAWA claim on that physical abuse at the hands of a USC.

[Alex W 6]

I want to say she can still file for her green card under some special act (for abusive spouse) Visit the www.uscis.gov for more info.

[belinda63 3,039]

Thought she had to have a green card first for VAWA to apply?

[belinda63 3,039]

Ok never mind about having to have a green card first to apply for VAWA.

[Dakine 26]

Sounds like she's a shoe in for obtaining a GC using the abused spouse centrum.

Edited August 10, 2010 by Dakine

[Matt&Kaci 3]

Thanks for the responces. I figured there was something she could do but wasn't sure. Thanks again to everyone.