If you filed the VAWA case four months ago you should certainly have a receipt by now. You may want to consult with a family law attorney to assist you in obtaining what you need from your husband. The attorney can explain to his attorney that this would allow you to be independent of him and obtain a work permit rather than maintenance.
Even if you prefer to proceed through your new fiance you would need to get divorced so this should be your priority.
Lynne R. Feldman, Attorney at Law
Concentrating in Immigration and Nationality Law
2221 Camino Del Rio South, Suite 201
San Diego, CA 92108
phone: (619) 299-9600, facsimile: (619) 923-3277
Formerly Adjunct Professor -- Immigration law
University of Illinois College of Law
I would recommend you speak with an attorney regarding your case. It may be advantageous to file a marriage petition when you marry your fiance. My firm handles VAWA and marriage based cases.
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.
It depends in part on how you entered the U.S. If you eneterd on a fiancee visa by your ex-husband, there are restrictions on attempting to adjust status based on marriage to someone else. It shouldn't be too difficult to obtain proof of your ex-husband's citizenship, I'd definitely contact an experienced immigration attorney. I have over 19 years of experience in this area.
This reply is intended only as general information and does not constitute legal advice in any particular case. This reply does not create an attorney/client relationship.