I need guidance

[YemiO 2]

I have been married to my wife for nearly three years. We put in our petition for adjustment of status last year July in Maryland, where we lived at that time -I, by the way, am the beneficiary. Shortly after I got my work authorization in November 2019, I got a job offer with PNC bank in Cleveland, OH. My wife, a native of FL, and I agreed to move to Ohio to start a new life; therefore, I decided to move to Cleveland to get a few things, including accommodation, sorted out in readiness of this new life. Thankfully, at that point we were only renting in a house so we could make relocation plans without the fear of breaking a lease and its financial implications. My wife returned to FL while I moved to Cleveland to take care of things.

I arrived Cleveland in the second week of February. I had to start with Airbnb for a few weeks, for the agreeable apartments had quite some wait time to secure a lease. I eventually signed a lease and move into my apartment on the 3rd of March, after which I transferred my case to OH. Unfortunately, however, shortly after I moved into the new apartment in March, the Covid Outbreak had hit the nation in full force. For this reason, my wife and I had to remain in our different locations; we planned to keep this up until it was viable to safely travel. Even worse, during this time, I received an interview date for my case for the 21st of  April.Shortly afterwards, my wife informed me of her being pregnant; I was overjoyed and excited at the prospect of being a father. My interview eventually got cancelled, for the pandemic. My several attempts to fly out to see my pregnant wife in FL, against all odds, were futile; more than a few airlines cancelled my flights to FL.

Worried about my pregnant wife, I called more frequently to stay connected and to reassure her she wasn't alone. However, curiously, my energy and enthusiasm for our baby weren't  matched by pregnant wife. She became elusive and less communicative; this had me really worried. For brevity, I eventually got a chance to visit my wife in FL and as usual, I planned to stay at her mum's,where I lived for 3 months when I stayed in FL in 2018, and heretofore was always welcome. Strangely enough, my wife said she was uneasy with my staying at the house. I didn't probe this any further; the last thing I wanted was to further stress a woman carrying my baby. To my point, while I was in FL, I learned I wasn't the father of the baby. My wife had complications and had to go to the hospital. I found out about my situation when my wife's ex showed up in response to my wife's contractions. 

In our three years of marriage, there have been a few issues. This isn't peculiar to my marriage, I believe. Nonetheless, one of the issues we've faced is her infidelity with her ex. Whenever I spoke, she threatened to withdraw her petition and, in fairness to her, apologize afterwards. However, this time, upon discovering this, I didn't take it easy on her. I expressed my disappointment and reported the situation to her family. This escalated into something big; so much so that, again, she said she was done and was ready to move on with her ex. " this marriage, you and your immigration. I am calling the authorities to report this marriage as fraud," she said. I didn't know what to do with a cheating wife, who was having a baby by her ex while married to me. She had aborted my own baby last year January, because she was looking to go into the military- till this day, I am still not over that. Now, she's having another man's baby? I was thrown by this incidence and had to return to Cleveland to pull myself together. 

On the 25th of June, two days after I returned to Cleveland, my case got rescheduled for an interview. My interview is a month away and my wife, not for the first time in our three years of marriage, is insistent on not showing up. She as usual, is saying she's done at this point. 

 

At the urging of a friend, I was told to seek advice on this platform to know my options. This is a legitimate marriage with enough proof of its authenticity. We've been married for nearly three years. I was never out of status and had my OPT to work with before we filed our petition. There was no urgency to file nor was I out of status and pressured to get back in good immigration standing. Additionally, a young couple, we were waiting to get settled before we filed our case: she wanted to go into the military before she eventually decided against it, at which point, we finally decided to initiate the petition.

I know this post has been long enough. I can elaborate if needed. I've been abused time and time again in this marriage. While I do still love my wife, I don't know how much more I can take. With the baby in the mix, I really don't know the fate of this marriage. Yet, I don't want to lose out of this immigration benefit; one through which I stand to get a 10-year GreenCard . I have more than enough to prove the legitimacy of this marriage.

 

I need expert advice. Please, everyone, I am pressed for time. @Stillwinning @P & Ainkrlion @sandranj

[NikLR 13,220]

Unless you have a valid Vawa claim, if your wife is not willing to go through with your AOS, your AOS will be denied.  

[Quarknase 1,072]

1 hour ago, NikLR said:

Unless you have a valid Vawa claim, if your wife is not willing to go through with your AOS, your AOS will be denied.  

Isn’t there this exception that - assuming ample proof of bonafide marriage - the AOS has been approved in rare circumstances if the sponsor didn’t pull the affidavit of support?

This sounds to me like a sincere relationship from beneficiary side so I’m wondering if there’s a potential chance of approval if support isn’t being pulled.

[AJ2019 58]

here’s another link for a similar question you asked. Unfortunately, it doesn’t appear you get the conditional green card if you are not married. 
 

https://www.avvo.com/legal-answers/can-i-get-my-green-card-if-wife-cheated-on-me--2867165.html

 

It might be worth exploring how much goodwill you have with your spouse and may be get her help for the interview somehow, or maybe speak with the Ex on how important this is?

 

https://www.google.com/amp/s/www.nydailynews.com/new-york/cheating-wife-hurt-husband-green-card-quest-article-1.2313318%3FoutputType%3Damp

 

this link explains the VAWA option which I think has solid ground for emotional distress especially given the abortion of your baby.

 

Its probably best to get a lawyer to assist build your case. 

Edited July 4, 2020 by AJ2019
Additional info.

[YemiO 2]

5 hours ago, Quarknase said:

Isn’t there this exception that - assuming ample proof of bonafide marriage - the AOS has been approved in rare circumstances if the sponsor didn’t pull the affidavit of support?

This sounds to me like a sincere relationship from beneficiary side so I’m wondering if there’s a potential chance of approval if support isn’t being pulled.

I understand the petitioner makes the case and without him or her, the beneficiary is practically helpless. However, I have heard about rare cases, like you said, where beneficiaries who have substantial evidence for the marriage's legitimacy get approved.
Anyone with experience/exposure to such rare, arguably anomalous, cases should please shed some light on this.

Thanks, everyone.

[NikLR 13,220]

5 hours ago, Quarknase said:

Isn’t there this exception that - assuming ample proof of bonafide marriage - the AOS has been approved in rare circumstances if the sponsor didn’t pull the affidavit of support?

This sounds to me like a sincere relationship from beneficiary side so I’m wondering if there’s a potential chance of approval if support isn’t being pulled.

Yes if its not pulled its possible but if the wife isnt there for the interview likely the I-485 will be denied.  If the wife went and was okay with being a sponsor its possible, but considering her actions against the OP, chances are slim. If she was here we would be telling her to pull the I-864. 

[YemiO 2]

8 minutes ago, NikLR said:

Yes if its not pulled its possible but if the wife isnt there for the interview likely the I-485 will be denied.  If the wife went and was okay with being a sponsor its possible, but considering her actions against the OP, chances are slim. If she was here we would be telling her to pull the I-864. 

If she was here we would be telling her to pull the I-864. ???
Could you please explain what you meant by this statement?

[NikLR 13,220]

8 minutes ago, YemiO said:

If she was here we would be telling her to pull the I-864. ???
Could you please explain what you meant by this statement?

If shes not happy in your relationship why would she be on the hook for the I-864?  What she has done is not fair nor right and I dont condone her behavior. I cant say I wouldn't give appropriate advice either way. 

[YemiO 2]

4 minutes ago, NikLR said:

If shes not happy in your relationship why would she be on the hook for the I-864?  What she has done is not fair nor right and I dont condone her behavior. I cant say I wouldn't give appropriate advice either way. 

Thanks for clarifying that. I totally understand.

[retheem 553]

Unfortunately if she is not there for the interview, your AOS will be denied. 

[Letspaintcookies 2,235]

1 hour ago, YemiO said:

I understand the petitioner makes the case and without him or her, the beneficiary is practically helpless. However, I have heard about rare cases, like you said, where beneficiaries who have substantial evidence for the marriage's legitimacy get approved.
Anyone with experience/exposure to such rare, arguably anomalous, cases should please shed some light on this.

Thanks, everyone.

What you heard about is probably the 'Matter of Sesay'. The difference to your case is that the underlying petition was a I-129f for a K1 and not a I-130 that you filed. The I-129f won't get compromised by a divorce like the I-130 would and that's why it's possible to do AOS even if divorced as long as a valid I-864 exist.

 

Even if you're not divorced by the time of the interview, the person who interviews you might not be happy to hear that you're separated/ having severe problems. 

Your wife showing up and the two of you faking a happy marriage would be fraud btw so that won't be a good idea either.

[Lucky2Lucky 2,526]

@YemiO what are you adjusting status from? A k1? Please fill out your timeline.

Edited July 5, 2020 by Luckycuds

[YemiO 2]

22 minutes ago, Luckycuds said:

@YemiO what are you adjusting status from? A k1? Please fill out your timeline.

I'm adjusting from F1.. Was never out of Status. 

[adipo21 141]

Am so sorry about what ur going through with your situation. But you know what?carry all your evidence to the interview explain yourself to the offers what ur going through.-Sometimes interview can be good rather than sending paper where by the judge u by what u sent them with interview u can explain yourself better. Remember your not alone in this your clearly honest person God will help you through this. 

[Pinkrlion 2,612]

Have you spoken to an immigration attorney?  Infidelity is not a VAWA Case.  You may have suffered some emotional distress as a result, but that is not a VAWA Case.