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What will happen to my immigration adjustment application if we file for divorce after 6 months of marriage

Asked over 3 years ago - Bothell, WA

I have six months of marriage I subimit the papers for my green card 2 months ago. my interview is coming in january, my husband in agust had brain surgery and he change now he is violent i had to call the police to take him out of the house the other day, now i think he is going to ask for a divorce. what is going to hapen with me? are interview is in january.

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I came with a turist visa when I was 11 years old to the country now Im 22 and i have a son that is 4 years old.

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Neil F. Lewis

Reputation Level 14

Answered over 3 years ago. Immigration Attorney in Tampa, FL.

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If your husband has has struck you, or if he was extremely mentally cruel to you, you may be able to file for I-360 to keep your application for residence pending. An approved I-360 (Abused Spouse Petition) can then replace your husband at your AOS interview.

To get the I-360 approved, you need to show that you were in a bona fide marital relationship with a US citizen, and that during that relationship you were the victim of phsycial violence or severe mental cruelty. Once you have filed the I-360, make sure you send a copy of the receipt notice to your local CIS office, as this will allow them to keep yout I-485 pending while you wait for a decision on the I-360.

neilflewis.com

CIS website

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