I-130 for step son minor child and divorce

[yoocki 2]

Hello,

 

My husband filed i-130 for my son last year September and I expect to receive RFE soon.

(My husband threw away RFE notice on purpose)

 

As I brief my situation, my husband traveled to Philippines last year and cheated on me and he punched my face so I called the police. 

He got arrested and got 3rd felony but I hired the top lawyer and it dropped down to misdemeanor.

We tried to work out the marriage so we decided to bring my son here and he filed i-130. 

 

But unluckily, the marriage didn't work out and may going to divorce. He became so ugly and now I'm going to move out. 

 

Here is the question. 

So what's going to happen to my son's processing?

We've been waiting for a year and I regret I should have filed i-130. 

Does anyone have the similar situation as me?

 

Thanks for reading this and I may need to meet immigration attorney. 

[milimelo 4,196]

He’ll probably withdraw I-130 petition. You should file a new petition for your child. It will take two years. 

[yoocki 2]

16 minutes ago, milimelo said:

He’ll probably withdraw I-130 petition. You should file a new petition for your child. It will take two years. 

Thanks no problem. I have all evidence and I can request VAWA program? Maybe?

[portorusa 431]

Sorry, your marriage didn’t work. Do you have a green card already?

If not you should file for VAWA as soon as possible. 

And your husband doesn’t have to know about it.

 

[Timona 3,941]

34 minutes ago, yoocki said:

Thanks no problem. I have all evidence and I can request VAWA program? Maybe?

 

What for?

[yoocki 2]

3 minutes ago, portorusa said:

Sorry, your marriage didn’t work. Do you have a green card already?

If not you should file for VAWA as soon as possible. 

And your husband doesn’t have to know about it.

 

Thanks I will make an appointment with attorney 

[yoocki 2]

1 minute ago, Timona said:

 

What for?

What does this mean what for? I'm little offended 

[Timona 3,941]

38 minutes ago, yoocki said:

What does this mean what for? I'm little offended 

 

What is the reason for your VAWA? Do you have substantial evidence?

 

There are cases where people use/ try and force VAWA on their petition. Answering the above would help members advise you if it's even plausible to go that route. 

 

No offense was intended. 

[designguy 1,179]

23 minutes ago, Timona said:

 

What is the reason for your VAWA? Do you have substantial evidence?

 

There are cases where people use/ try and force VAWA on their petition. Answering the above would help members advise you if it's even plausible to go that route. 

 

No offense was intended. 

OP stated her husband punched her in the face and was arrested. Seems like she would have strong enough evidence/documentation with a police report

[yoocki 2]

1 hour ago, Timona said:

 

What is the reason for your VAWA? Do you have substantial evidence?

 

There are cases where people use/ try and force VAWA on their petition. Answering the above would help members advise you if it's even plausible to go that route. 

 

No offense was intended. 

Okay, I see what you mean and yes I have a strong evidence and his arrest records. 

I have whiteness, written records and even counselor's record

[little immigrant 800]

5 hours ago, yoocki said:

I expect to receive RFE soon.

(My husband threw away RFE notice on purpose

How do you expect a RFE notice when he already threw it away? The next letter you'll get is most likely a denial if the RFE wasn't responded to. 

 

I would file a new I-130 for your son. 

Edited October 5, 2019 by little immigrant

[geowrian 22,335]

Do you have a green card already?

[yoocki 2]

My 10 years green card is pending 

1 hour ago, little immigrant said:

How do you expect a RFE notice when he already threw it away? The next letter you'll get is most likely a denial if the RFE wasn't responded to. 

 

I would file a new I-130 for your son. 

Okay thank you.  I will do that 

[geowrian 22,335]

1 minute ago, yoocki said:

My 10 years green card is pending 

Okay thank you.  I will do that 

So you have a 2 year green card? If so, forget VAWA and just file the I-130.

[EmilyW 1,222]

I'm wondering if the OP thinks that VAWA will strengthen and/or expedite the son's application, in the event of divorce, hence the question.  I have no idea whether it does or not, but that's my interpretation.