I got married last dec 16,2016 thru Fiance visa. I filed my AOS last feb 2016, and i recieved my approved permit to work and travel document last April. Last MAy 5 my husband abused me and he got arrested. And the state charge him a felony case. He has a restraining order for 61 days. My question is, is it possible to affect my aos petition becuase of what had happened? I called the uscis and my petition still on process. Should i wait for my ais petition, or do i need to file self petition? My daughter is already a US Citizen. Becuase if i will give him another chance, i want to secure my immigration status and not relying on him to petition me. Thank u in advance!
You need to see an immigration attorney immediately before CIS schedules an interview and before you meet with/talk to your immigration attorney you must decide if you wish to continue in your marriage or get a divorce, or at least take your husband with you to meet the immigration attorney if you are undecided. Good luck.
I am sorry for this unfortunate situation, but I see it happen too often. Your situation requires a review by a skilled and experienced attorney to represent you. You do have options available. I recommend contacting an immigration attorney in your attorney to help explain your option and how to proceed from here. Please stay safe and good luck.
Best wishes for an outcome you can accept, and please remember to designate a Best Answer or Helpful. This answer is offered as a public service for general information only and may not be relied upon as legal advice and it doesn't create an attorney-client relationship.
You may continue to pursue I-485 adjustment despite your marital problems and even if you divorce. In Matter of Sesay, 25 I&N Dec. 431 (BIA 2011), the Board of Immigration Appeals held a K-1 fiancé(e) visa holder may be granted adjustment of status even if the marriage to the U.S. citizen petitioner does not exist at the time the I-485 application is adjudicated, as long as the applicant demonstrates she entered into a bona fide marriage to the petitioner within 90 days of arrival in the U.S. Your husband must have filed an I-864, Affidavit of Support, with your adjustment application. Financial sponsor responsibilities do not end with divorce.
Unless you receive a Request for Evidence or are scheduled for a green card interview, you are not required to update USCIS about the status of your marriage. USCIS has the option to waive adjustment interviews in K-1 /K-2 entrant cases and may grant the green card without first interviewing you. But if you are scheduled for an adjustment interview, you may appear with or without your husband.
As long as USCIS is convinced you entered into marriage in good faith (despite your marital problems, separation or divorce), and you are admissible to the U.S., it will grant adjustment.
Consult an immigration attorney for specific advice and guidance.
The general answer I provided is not intended to be and should not be taken as legal advice. It does not establish an attorney-client relationship between you and me. You should not take action based solely on this general answer. Laws, regulations and policies that exist at the time of this posting are subject to change. Consult a qualified and experienced attorney to obtain legal advice on your specific situation.
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