married waiting for green card

[Jo Stewart 0]

Hello everyone,

I came to the us as a visitor. I came to visit now my actual husband. I didn't intend to stay but we fell in love and I end up staying and married him. We filled for the green card. We have been married 8 months now. During this time my husband became abusive. He drinks too much he verbally abuses me and more than once spit on me and left marks on me. Last time I called the cops but I did not press charges, though the complaint is there. I did take pictures of my bruised arm. I tried everything to make this marriage work and he promised he was going to change all the time but he never did. I married for the right reasons and I'm devastated. I recently found out I'm pregnant of him and when I told him he told me he is gonna leave me. I don't want to be with him anymore but I do want to have the baby and I want the baby to be part of his family life and his. What are my options here and what should I do? Thank you

[Krikit 1,163]

I'm going to move your thread from the Family-Based Visa AOS Process to Effects of Major Changes. (Just as an FYI.... your adjustment isn't from that visa class.)

It is not clear whether you have received your GC yet. Are you still in that process? If you are, you will also want to review the Adjustment of Status From Work, Student, and Tourist Visas forum:

http://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-tourist-visas/

You should get the answers you are searching for in the new forum. Good luck.

[Tinchen_ 21]

you can apply for WAVA and sole custody for the baby. or better would be go back home before the baby is born.

could you please fill in your timeline, it makes it easier for people to help you on here.

i personally dont like it at all when ppl come here on a tourist visa or on the vwp and get married and stay here right away and apply for aos. there are sooo many ppl on here who do it the right legal way and spend months separated from each other its juts not fair and right.

[Krikit 1,163]

i personally dont like it at all when ppl come here on a tourist visa or on the vwp and get married and stay here right away and apply for aos. there are sooo many ppl on here who do it the right legal way and spend months separated from each other its juts not fair and right.

There is nothing illegal in what the OP has done. If there was, there wouldn't be a process for it.

That having been said..... and this is a general announcement to everyone..... please do not pass judgement in this thread or your posts will be removed and you will be thread-banned. Just respond to the questions and do not try to derail the topic. Thank you.

[Jo Stewart 0]

I arrived in august. We got married in october and we filled for the green card in february.

[Jo Stewart 0]

you can apply for WAVA and sole custody for the baby. or better would be go back home before the baby is born.

could you please fill in your timeline, it makes it easier for people to help you on here.

i personally dont like it at all when ppl come here on a tourist visa or on the vwp and get married and stay here right away and apply for aos. there are sooo many ppl on here who do it the right legal way and spend months separated from each other its juts not fair and right.

I don't see what have I done wrong since I married for the right reasons and I came to the us to visit not with the intention at all to get a green card. I have been through hell because I married someone I'm in love with and who I believed was the right person for me and you are judging me? Not fair at all when I'm only asking for help.

I'm going to move your thread from the Family-Based Visa AOS Process to Effects of Major Changes. (Just as an FYI.... your adjustment isn't from that visa class.)

It is not clear whether you have received your GC yet. Are you still in that process? If you are, you will also want to review the Adjustment of Status From Work, Student, and Tourist Visas forum:

I applied with the i-130 form. I'm still in the process.

http://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-tourist-visas/

You should get the answers you are searching for in the new forum. Good luck.

[Anh map 2,098]

He is abusing you and you want your child to be a part of his life? That seems odd to me.

You ought to divorce and move on. Divorce is survivable. Live wherever is best for you and your child.

[Jo Stewart 0]

He is abusing you and you want your child to be a part of his life? That seems odd to me.

You ought to divorce and move on. Divorce is survivable. Live wherever is best for you and your child.

sorry I want the child to be part of his family life. And can I divorce and still stay in the us? That is my main question atm. Because I believe if I go back home I can't return for years and how can his mom see his grandchild? She has been nothing but supportive towards me. Also I heard a divorce wont be granted until the child is born.

[Anh map 2,098]

sorry I want the child to be part of his family life. And can I divorce and still stay in the us? That is my main question atm. Because I believe if I go back home I can't return for years and how can his mom see his grandchild? She has been nothing but supportive towards me. Also I heard a divorce wont be granted until the child is born.

Don't rely on things that you've "heard."

You can get good information from a family law attorney about the divorce process. A qualified immigration attorney can give you advice about the specifics of your green card status. It's unlikely that one attorney will be experienced in both areas.

Sit down, lay out all the specifics, learn your options, and choose your path.

[Darnell 8,478]

is two things to focus on:

1. immigration - what's the status of the green card application, and where is the casefile now (as of last Friday or Monday). IMO, once you have the greencard, you are 'safe' for two years. Not need to do anything for VaWa at the moment, once you have greencard in hand.

2. divorce - you must follow the law and guidelines for filing a divorce from the STATE that you live in. Usually the county where you reside has a website that outlines the processes, forms, paperwork and fees. Follow that county website.

So, I suggest, once you have the greencard, file for divorce, then when the divorce is finalized, YOU then file the ROC casefile with USCIS.

Good luck, whatever yer doing.

[Jo Stewart 0]

is two things to focus on:

1. immigration - what's the status of the green card application, and where is the casefile now (as of last Friday or Monday). IMO, once you have the greencard, you are 'safe' for two years. Not need to do anything for VaWa at the moment, once you have greencard in hand.

2. divorce - you must follow the law and guidelines for filing a divorce from the STATE that you live in. Usually the county where you reside has a website that outlines the processes, forms, paperwork and fees. Follow that county website.

So, I suggest, once you have the greencard, file for divorce, then when the divorce is finalized, YOU then file the ROC casefile with USCIS.

Good luck, whatever yer doing.

The process is only in the beggining. The I-130 was accepted but I haven't received anything else so far. I haven't done the byometrics or medical exams. And if he files for divorce while I'm still in the green card process? So I should keep living with him or should I leave the house? Since he doesn't want to be with me anymore...do you know what I mean?

[Anh map 2,098]

Staying with an abuser is not an intelligent thing to do. Time to make the tough decisions and move on with your life.

Consult professionals who can outline all the aspects of the path ahead. You need to know what types of programs you can use and what you can't as an immigrant. The child will be eligible for some benefits as a citizen that you will not.

Too many things here to be left hoping and praying it will go your way. If your MIL is supportive, she ought to be able to guide you through some of the steps.

[Harpa Timsah 13,258]

If you only have a I-130 pending, and have not had a medical, then that means your husband only filed the I-130, which was not the correct path to do. Normally, one files I-130 and I-485 at the same time for spouses that are in the country. I-130 establishes a familiar relationship, and I-485 is the Greencard application. You can file I-130 by itself and wait for months for it to be approved, then file I-485 and wait months for that, but most people do not do that. It appears that is what you have going on for you, however.

It doesn't matter either way really. You would have had a mandatory interview for a I-130/I-485 package, and you would not pass this interview without going together. So there is no point to wait for a Greencard because none is coming.

You can look into VAWA, which is a path to residency for abused people, if you want.

[JohnR! 5,495]

1339332058[/url]' post='5434591']

Hello everyone,

I came to the us as a visitor. I came to visit now my actual husband. I didn't intend to stay but we fell in love and I end up staying and married him. We filled for the green card. We have been married 8 months now. During this time my husband became abusive. He drinks too much he verbally abuses me and more than once spit on me and left marks on me. Last time I called the cops but I did not press charges, though the complaint is there. I did take pictures of my bruised arm. I tried everything to make this marriage work and he promised he was going to change all the time but he never did. I married for the right reasons and I'm devastated. I recently found out I'm pregnant of him and when I told him he told me he is gonna leave me. I don't want to be with him anymore but I do want to have the baby and I want the baby to be part of his family life and his. What are my options here and what should I do? Thank you

IMHO consider filing for divorce immediately on the grounds of abuse, lleaving your husband at once, getting on the next plane and going back home to have your baby there. In that manner you will have sole custody of the child and if your husband ever changes he can make the effort to be a part in your child's life.

In your country you'll be afforded all the necessary medical assistance with the delivery whereas here in the US you'll be at the mercy of free clinics and indigent care at the hospital, which will certainly end up in massive bills.

Please forgive me if I sound exceedingly dramatic but at this point you are responsible for you and your child, so your actions will no longer impact your life alone.

Good luck whatever your decision.

[Tinchen_ 21]

There is nothing illegal in what the OP has done. If there was, there wouldn't be a process for it.

That having been said..... and this is a general announcement to everyone..... please do not pass judgement in this thread or your posts will be removed and you will be thread-banned. Just respond to the questions and do not try to derail the topic. Thank you.

i gave her an advice she could file for WAVA and file for sole custody so that he has no custody of the baby and then there is no danger to any abuse to the baby/child and the grandmother still can see her grandbaby. and the best would be to go back home, cuz then she has more rights in her country, he cant really come after her or take the bay away from her or abuse her anymore.

i wrote i personally dont like that. i didnt attacked the OP in any form and wrote something like : you shouldnt have done this and that..i wrote for a reason i personally..

its bad what the op is going thru thats why i said apply for WAVA and sole custody

and it is known as visa fraud to come on a VWP or tourist visa and getting married and stay in the usa ( it comes from the us department of state) . it is a grey zone and a law loophole when you can proof that you didnt intent to use your tourist visa that way.. many laws have loophole it doesnt makes it ok.

i responds to this cuz i didnt wanted to just leave it hanging on me like that.

Edited June 10, 2012 by Tinchen_