How do I adjust status under Matter of Sesay?

[MPOak 1]

I know there are topics about this but I haven't found anything explaining the actual process and I'm confused. I currently have a pending AOS application submitted in June, but am in the process of getting a divorce. Unfortunately the marriage didn't work because of my USC husband's infidelity and alcoholism. I fulfill all the K1 requirements to adjust my status under the Matter of Sesay. I've been looking for a lawyer, but I'd like to understand what I need to do next. Do I wait for the interview to be scheduled and show up on my own? Do I need to submit a new AOS application (I'd rather not because of the Affidavit of Support that my husband already submitted, and the fees). I just received my EAD/AP last week. Any information would help. Thank you

[geowrian 22,335]

Matter of Sesay cases are very difficult, but possible. Having a good immigration attorney that has dealt with that kind of case is recommended.

No new I-485 should be needed, although don't be too surprised if they deny the initial one.

If/when the IO hears about the divorce (i.e. if only you showing up at the interview the reason will almost certainly be asked), they may or may not want a new I-864 or other confirmation that the petitioner still wants to proceed with the existing I-864.

The petitioner can withdraw the I-864 at any time prior to approval. If they do that, then the I-485 must be denied.

 

To refile for AOS, you would need the original petitioner to provide an I-864 still. One on your own or via only a joint sponsor won't cut it.

If the I-485 is denied, your EAD and AP are also automatically cancelled as they are dependent on the pending I-485..

Edited October 31, 2018 by geowrian

[Ben&Zian 4,397]

Not easy. Amazing how people want to stay after just being here for such a short time, be easier to go home honestly.  Just saying, probably more there than here.

[MPOak 1]

7 minutes ago, Ben&Zian said:

Not easy. Amazing how people want to stay after just being here for such a short time, be easier to go home honestly.  Just saying, probably more there than here.

I have lived here before as a student, not a short time. I have my own reasons to want to stay (legally). 

[MPOak 1]

My original plan was to apply for VAWA, because there has been a lot of emotional abuse. But I realize it would be very difficult to prove the abuse, and after I found out about the Matter of Sesay, I decided to try that route. I was just wondering about what I need to do at this point. Thanks

[geowrian 22,335]

If there was legitimate abuse involved, I'd personally suggest  looking at VAWA instead of trying to adjust via Sesay. Many more VAWA claims are approved than people trying to take this not-often walked route (that requires the petitioner's cooperation...not something to expect from somebody who is accused of being abusive).

Edited October 31, 2018 by geowrian