Domestic violence/interview

E

Ebfb

Registered Users (C)
Hello, pls I need serious advice on a big issue. I came to the US on student F1 visa in 2002, then got on h1b before my then employer filled an EB3 based green card petition for me in 2007. However because of the retrogression, I have been stuck on the queue but had no problems renewing my AP and EAD. In may 2009, I got married to a US citizen, but did not want to go through the process all over again initially, but changed my mind and filled a new 485 concurrently with an i130 in March 2010. Everything has been okay and we got our interview letter for May 2010. But things just took a toll for the worse in my marriage, my husband hit me for the fourth time last night and I want to walk away from this marriage. How best can I withdraw my fb based green card and just continue with my eb one? Should I just go to the interview and withdraw it there? Pls help.
 
Sigh! I feel so sorry for you, I hope someone with a similar experience can help you...stay strong.
 
Thank you for your responses, but will my not showing up for the interview have any effect on my existing EB3 petition. I am so overwhelmed and confused. Or should I go ahead and get the green card and then get the divorce later (if he has not killed me by then).
 
No. Your employment based I-485, if still in the works, is totally independent of your marriage based I-485. If you can make the appointment, then better still. Just explain everything in person.

Ebfb said:
Thank you for your responses, but will my not showing up for the interview have any effect on my existing EB3 petition. I am so overwhelmed and confused. Or should I go ahead and get the green card and then get the divorce later (if he has not killed me by then).
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I will contact the local police, put charges on your husband and with the help of some legal aid organization look for the GC based on battered spouse law. Any way consult with some legal aid organization the steps to follow before making any decision. Never accept violence and denounce it. Best of luck for you!
 
Go to the interview and withdraw the marriage-based case, reminding them that you have an EB case still pending that you want to continue (bring the I-485 receipts for both). If you simply don't show up, that increases the chances that somebody at USCIS may mistakenly deny your EB case for missing the interview, because they didn't take the time to realize that you have two different I-485s and the interview was for the marriage-based one.

Or you could try to obtain the marriage-based GC via the Violence Against Women Act, instead of waiting years for your EB case. But you'll very likely need a lawyer to navigate that route.
 
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Jackolantern said:
Go to the interview and withdraw the marriage-based case, reminding them that you have an EB case still pending that you want to continue (bring the I-485 receipts for both). If you simply don't show up, that increases the chances that somebody at USCIS may mistakenly deny your EB case for missing the interview, because they didn't take the time to realize that you have two different I-485s and the interview was for the marriage-based one.

Or you could try to obtain the marriage-based GC via the Violence Against Women Act, instead of waiting years for your EB case. But you'll very likely need a lawyer to navigate that route.
Click to expand...

Thanks, I have decided to attend the interview alone and withdraw the family based case while I am there. By the time I am done with that, i will look for legal aid for the other case. This is just a lot to wrap my head around.
 
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