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We received notice of intent to deny and sent a response a month ago. Marriage is in serious serious trouble.

Pittsburgh, PA |
Filed under: Immigration

We have been working through the marriage and hanging in there by doing so I am putting myself and my children at risk. I'm caught between staying in a toxic marriage and put my kids at risk in order to complete immigration process or end the marriage and. Risk the process. I don't know what to do and I'm so distraught over this. I don't know what to do. The man I married is not who I thought he was. I do not want my children and i deported. This is the only country they've known for 12yrs. They are born and raised here and do not even speak any foreign languages.

Attorney Answers 3

Posted

As long as you remain married, the petition may still be approved despite the current state of your marriage because the law only requires you to prove that your marriage was entered into in good faith. With that said, you should not stay in the marriage solely for an immigration benefit... safety should be your first concern. You should consult an attorney right away to inquire as to whether you have a case under the Violence Against Women Act. This law provides relief and benefits to individuals (women and men) who have been subjected to battery or extreme cruelty by their spouse who is either a citizen or resident of the United States.

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Asker

Posted

Hi, i just wanna share my story, my husband and I had serious fight a month ago, reason that I left their house and get my own apartment. I want to file my i751 alone but he is willing to help but of course he wants us to be together. My problem is, ive lost all my respect and love to him, I don't think we can save our marriage the second time around. He curse me and threw things at me I called the police that night so I can get away from him. Would that fall on domestic violence? Even if I don't have any marks on my body?

Posted

If you are in a toxic relationship, then remove yourself. Your safety and health are more important than immigration benefits. Based on the facts you've presented, you may have other options regarding your status so I'd encourage you to sit down with an attorney and fully discuss all of the facts and circumstances surrounding your family, your current relationship and your education/work history.

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Posted

What was the reason for the Notice of Intent to deny? There are options if your marriage is failing. If your children were born in the US they will not be deported, although practically they may need to follow if you are. I would suggest you speak with an immigration attorney immediately.
Regards,
Nicklaus Misiti
Law Offices of Nicklaus Misiti
212 537 4407

Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.

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Posted

I believe I need to find a good attorney to discuss this in detail with. The issues I am facing in my marriage are so sensitive that if my ex(father of my children) finds out about them he could try to take the kids away to remove them from the toxic environment. I'm trying so hard to hold everything together. Do I only have to work with a pittsburgh attorney or can I contact any of the attorneys who have responded to my questions here.?

Nicklaus James Misiti

Nicklaus James Misiti

Posted

It's hard to advise you without actually speaking with you. There is no requirement you utilize a local attorney for a case like this. You can choose who you think will handle your case best.

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