Before the divorce get finalized.

Asked over 4 years ago - Carlsbad, CA

I came to U.S and got married in July 06. We had restaurant together with her family; her dad and mom. We were all living together in a house we rented but she kicked me out for nonsense reason on April 08. While I was working there I was part owner too but she was paying me around $4 an hour without over time nor tip so I was living off of my saving. She kept my name off from all the paper work that caused me not be able to give enough evidence to immigration to probe our marriage and they asked me to withdraw green card application this Jan 2010. She bought a house in September 09 and she kept my name out from that too.
My wife filed divorce on 11/04/09.
What is my right?

Attorney answers (1)

  1. Ekaette Patty-Anne Eddings

    Contributor Level 20

    Answered . As far as immigration is concerned withdrawing your case will subject you to a Notice to Appear before the Immigration court and you should have a lawyer with you as the proceedings can sometimes be daunting.
    If however you feel you have been abused, and its not limited to physical abuse, you can contact an immigration lawyer to file a VAWA application on your behalf.
    Although its the "Violence Against W omen's Act" it protects men as well who have suffered abuse at the hands of their LPR or US citizens spouses.
    You will need evidence from the marriage, ensure you have all your belongings and evidence of your marriage including photographs, joint account statement, utility bills, the petitions filed, withdrawal notice, denied petitions,wife's birth certificate, etc.
    With regards to the divorce you need to contact a divorce lawyer.
    Good luck.

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