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Do I need to worry that my American husband wants to withdraw petition and affidavit?

Nashville, TN |

My husband and I've been married for over 2 years now. I had experience emotional abuse from him during this time, to the point that I had left in the middle of the night no knowing where to go for being afraid of him getting physical. During a trip to Italy back in August of 2011 he asked me for the divorce and left me in Florence, I didn't know anyone so went back to Rome and back to Nashville,TN.
We had agreed to divorce after the holidays since he was my only family and I wanted to deal with the holidays the best possible. The night before Thanksgiving he served me with divorce papers. Now, I'm finding out that his lawyer was investigating about the potential of withdraw petition and affidavit.
Is it possible that I get deported?

Attorney Answers 7

Posted

What we're missing here is the manner in which you entered the U.S. and your current status. Based on what you've presented, it appears that you don't have lawful permanent resident status. With the withdrawal of the spousal petition and the affidavit of support and coupled with the abuse, you may be eligible for an I-360 Battered Spouse Visa Self-Petition. An approval of an I-360 puts you in the same place as if your spouse's visa petition had been approved. Please do retain competent counsel to full investigate this as a possibility.

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Posted

Thank you so much for your concern and your time. It means so much to me at this time. I have a window between March 11 and the end of June to apply for permanent resident status. I had a meeting with my lawyer this morning. Thank you so much for your advise. God bless you. Merry Christmas.

Posted

It should not make much difference at this point if you already have your permanent residence. Just note that if you have the 2 year conditional residence, then you still need to file to remove conditions, but him withdrawing and filing for divorce should not really affect that either.

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Posted

Thank you so much for your time and concern, it means the world to me right now. Everyone here had been so helpful. I'm at the end of my 2 years conditional residence and I'll be filling alone now to remove conditions between March and June. Thanks again for your encouragement. Merry Christmas. God bless you.

Erena Diana Baybik

Erena Diana Baybik

Posted

Thank you. Just make sure you submit as much as evidence as you may have that you entered into the marriage in good faith and that it was in fact a legitimate marriage that just did not work out. You should also document the abuse extensively and then your case should be ok. Good luck to you and Merry Christmas as well!

Posted

It sounds like you have not received your green card yet. Is he the I-485 currently pending. If you are a conditional resident already, you can still keep your green card if you prove that you were in a valid marriage. However, if the I-485 is pending and he withdraws it, don't worry!!! You can still file an I-360 petition as a wife of an abusive husband on your own. Once this gets approved, you can file for your green card without him. You don't have to stay in an abusive relationship just because you fear deportation. The laws of the United States protect victims of abuse like you and allow you to file for your green card on your own.

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Posted

Thank you so much Miss Lofty, thanks for your encouragement and your time. I could rest better last night after I read everyone's advise. The condition is almost over and I'll have to file separately, between March and June, the fear was always there but my commitment when I said I do was stronger than anything else. There is some point that is too much. Thank you so very much for your help. Merry Christmas.

Mariana Lotfy Hanna

Mariana Lotfy Hanna

Posted

Thank you. Merry Christmas to you too. I'm glad you feel better. Marriage is sacred but it is also very important not to live a lifetime full of abuse. Abuse only escalates and does not get better with time. I wish you the very best!

Posted

If you were controlled by him (friends you were able to see, money, your freedom), you may well need to see an immigration lawyer to go over your options for VAWA sef-petition, or even VASAW Cancellation fo Removal if you did not enter the U.S. legally. I would not agree to any divorce until you see an iummigration attorney. My office is in Nashville and we can assist. Sean Lewis" 615-226-4236.

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Posted

not sure if everyone here can see my comment, first of all thank you for your time and concern, it means so much to me at this point. Here are some of the answers to your questions: 1st My conditional resident is over in June so the earliest I can file is in March. I had 100% proof that our marriage was valid. As we have a car loan together, banking account (that we had separated already) travel overseas once a year. The first year with friends and 2 of them can testify that I was afraid he was going to become physical.

Posted

I agree with my colleagues. The form of direct and indirect control presented in your posting may be determined to be a VAWA claim. It would be necessary for an experienced immigration attorney to examine your immigration history to provide you with a legal opinion as to what benefits may be available to you. Good luck - remember that no one has to put up with psychological abuse under the fear of having the petitioner withdraw support.

Legal disclaimer: The statement above is provided by CC Abbott is based on general assistance and not intended to be a legal opinion because not all the facts are provided. The person requesting information and all others reading the answer should retain an attorney who is permitted by the state bar within the jurisdiction who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by CC Abbott does not create an attorney/client relationship within any state of Federal law.

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Posted

Good morning, Thank you so much for your encouragement. At this point the advise has been a blessing. Thank you so much for everything. Merry Christmas!

Posted

Are you waiting for your green card, have a 2 year card or 10 year card? That will help us a lot to figure out what you can do.

713-772-2300. All information provided is general in nature. Please consult with an immigration attorney with full details of the case.

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Posted

Hello Mr. Fong, My status is conditional resident already and my period to remove the conditions is between March and June 2012. I had a meeting with my lawyer this morning, thanks again for taking the time to reply. Merry Christmas!

Posted

To view this email as a web page, go here.

You should consult an immigration attorney. You may be eligible to file a VAWA petition as an emotionally abused spouse, even if he withdraws the forms. Take care.

Richard W. Moore, Jr.
Moore Law Group, P.A.
2300 York Road
Suite 213
Timonium, MD 21093
www.marylandimmigrationlaw.com
410-825-1790
Follow us on Facebook at www.facebook.com/usimmigrationlawyers
Twitter: @Immigration2USA

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Posted

Thank you so much Mr. Wells, I met with my immigration attorney this morning and is giving me farther instructions. She's positive about everything. Merry Christmas to you and love ones.

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