helpme out my status

J

jam123

New Member
i entered USA on k1-visa and i got married here to a US citizen with in a month my husband decided to divorce me. i was subjected to lot of threats and he abused me. i filed an order of protection so that he wont harm me more.
i filed my I-360 form(self petition) and my I-94 is expiring on jan10thth 2003(as i cant extend my I-94 as i entered on k1-visa
).I filed my I-360 10 days back. My approval of I-360 takes 30-120 days is it ok if i wait till my approval of I-360 in USA or if i leave the country before my I-94 expires what will happen to my I-360 can i come back to the country again if my I-360 is approved
 
Last edited by a moderator:
Please tell us more about your Immigration history.

How did you enter the US / were you married to a USC was your petition denied etc.

I360 is used in a battered spouse or special immigrant cases.

We cannot help you without such info.

Thanks
 
solve the issues than firing th last bullet

jam123

I am sorry to hear that but let me ask you there is always solution to any marital problem.

I must add on that our ladies (desi) once come to this country forgets family values and background and easiest way out for most of them is to call cops and charge husband for domestic violence basically DV is a staright ticket to divorce but I always tell people that try to solve issues by getting help then firing the last bullet

Good luck ....
 
Re: solve the issues than firing th last bullet

I totally disagree with what you have said.

It is an individuals right to seek protection in case their life is in danger. The cops etc in India are corrupt and the nation is generally a male dominant society. What do you expect that the wife get's beaten and brusied and she still takes the abuse just because she is married to that guy??

I don't think so & no one should.

Domestic Violence is a crime and offenders should & must be punished. May it be Indian or American or Japanese or chinese.. there is no mercy for Domestic Violence.

good day!
 
sachinphadke

sachinphadke

haa I respect your thoughts I worked as a consular for some of such cases basically the issue remains that instead of solving issues individuals simply calls cops and which is again direct ticket to divorce but there is always solutions to any problems. Individuals from other countries first thing they learn is to protect them selves but in long run they forget they are married and solution is a key to any issue.

I worked with a couple guy convicted to domestic violence issue was that dish washer was broken and husband came back from work and wife wanted him to wash dishes they had an argument and guess what nothing happened and guy gets conviced to domestic violence the girls is flipping burgers in burger king and got alimony for 06 months and thats it and after one year this particular case came to me and I asked the lady that did he really did any thing the lady said that she was pissed off lonely and husband had to pay the price.

Unforntunately american system protects the abused but no one ever tries to find solutions and legal system does not care because every body is making money on U instead of solving problems.

Due to these issues divorce rate is around 53% in this country
Main theme is that you play your own cards............
 
Re: sachinphadke

What you said makes sense no doubt.

Yes there are some people who will make a false claim on the domestic violence issue and the innocent person suffers.

But coming to think about it you have to be safe to even worry about the marriage part. I have seen a lot of Citizen Spouses abuse their power and why should an immigrant spouse.. may be it male or female bend to the abusers wishes??

About the lady making the false claim.. sure she should and must get punished for a lie. No one has the right to make another persons life miserable.
 
Jam123,

If you felt abused and threatened, you did the right thing. I am not too familiar with I-360 procedures..You might be able to go directly to the INS office and inquire there. You can also goto ilw.com and they have lawyers frequently doing free chats and they can give u advise. Also try murthy.com. They have chat sessions on mondays.
I did some research on INS site and it does not clearly say if you can apply for I-485 immediately or if you have to wait for the I-360 to be approved first, then apply for 485. Here is the website. They have more info for help
www.ins.gov/graphics/howdoi/battered.htm
PS:- twi
There is no "value" in enduring abuse! of any kind. It is better to live alone and a meaningful life than to endure emotional pain for the rest of you life.
 
false domestic violence claims and the innocent person suffers

HI twi485,
Your reference to "dish waher" episode -strikes so much similar to what happened to one of my friends.
While the new BCIS & VAWA laws are helping some truly battered spouses out there, some people (unfortunately) are exploiting those laws.

A very trying and awkward situation for one of my friends...

Feb 2002 - He applied for his I-485 AOS in CA
Jan 2000 thru June 2002 - she was on H1B - but never worked , no W2 (her friend sponsored her H1b); financially broke
July 2002 - They were both on H1B & Got Married
Aug 2002 - He applies for her I -130
Sept thru Jan 2003 - (for 4months) she leaves him to see her folks for some family reasons in India
Feb 2003 - She starts threatening him that she would divroce him -also mentioning that she doesn't need him as her I-130 was already filed
Feb 2003 thru May - She BEGINS to meet social workers, meets people around town to FALSELY show that she is being battered (no evidence what so ever)
May 2003 - She calls 911 with UNPROVEN threats to her life & Physical Abuse (COPS leave home without any charges & recommend her to go to Marriage counseling);
May 2003 - Leaves him & lives with a "social worker" - who gives her Evaluation as a "clinical social worker" TRYING to show evidence of (ALLEGED) mental cruelty (they are colluding)
- Files WRONGFUL/FALSE Complaints with POLICE about Physical Abuse - case not proven & closed
June 2003 - After trying invain to trace her, & to reconcile and After having had enough of her MANIPULATIVE ways, he filed for "no Fault" divorce; She responded (albeit falsely) with mental & physical cruelty under tort case (she is aiming for big money).

Aug 2003 - He is ALMOST there with I-485 (GC) approval
Her AOS will come through (in normal situation) by Nov 2003

NOW, WHAT are his options? OBVIOUSLY, she USED him to get GC. She is even searching for her next husband (just 20days after separation). Will she be able to file I-751 (removal of conditions) and/or I-360? 751/360 only works against citizens and Lawful Permanent Resident at the time of filing of 130?? what if he is not LPR before the separation?

Any Advice regarding this matter is GREATLY appreciated.

Thank you,
 
There are a couple of points in your story that DONOT match

1. you mentioned they both were on H1-B's (how did he file an I130 / I485??) is he an american citizen??

if his wifes name was added on his I485 (he can drop her name in a heart beat)

HTH
 
regarding the questions

sachinphadke,
Thanks for responding...
Her is the Clarification..
Both were on H1b when they met. Since she never worked ('cause she got H1 thru her friend's company) she couldn't ever get a visa stamping on her passport. He got her an H4 in India. So, JUST as soon as he applied for her 130 (is that the dependent beneficiary application? would he have applied for her 485 as well? I don't know but I can check with him) I-765 (EAD) and AP along with Affidavit of Support, She got her Finger Printing done and Turned around and end the relationship.
Now, what do you mean by "he can drop her application in a heart beat"?
thanks again for your repsonses..
Peace...
 
Re: regarding the questions

Ganga9,

here are a couple of things.

An I130 (petition) can be filed by a USC or a LPR for their spouses / parents (no one else is eligible to file an I130) so your friends wife CANNOT file an I130

now your friend must have added his spouses name to his I485 application (which he can withdraw at any time)

again an I360 can be filed by a spouse who was subject to extreme mental cruelty by a USC or LPR spouse

take a look at this URL it explains the I360 (battered spouse petition in detail)

http://www.immigration.gov/graphics/howdoi/battered.htm

I hope this answers most of the questions you have addressed. Feel free to ask any more questions if need be.

HTH

Sachin
 
thanks Sachin

Sachin, thanks for the response...
what do you mean by " now your friend must have added his spouses name to his I485 application (which he can withdraw at any time) "

His original application went in long time before marriage. So, He sent an application package with 485/ 130/765 and Affidavit of support. There is a 7month gap between his and hers. Will you call still call that adding spouses name to his 485? because he told me that she has SEPARATE EAC & A numbers.
please advise

thanks
 
Re: thanks Sachin

You got me there..
well yeah him and his wife will have seperate Alien Reg numbers..

I need to do some more research on him filing an I130 etc..

will get back to you on this..

but he as a petitioner can withdraw his wife's petition at any time he chooses to.
 
Jim M, Sachin, my friend filed her 485/131/765

HI Sachin, Jim M,
Clarification on earlier note.. I checked with my friend.. He filed his 485 et al about a yr+ ago.
He filed for her 485, 131 (AP papers & not 130 as I mentioned before) and 765 (EAD)... She currently has H4 and is planning on converting back to her old employer's H1 (which is valid till 2005)

now, since they have different LIN & A# numbers, how does he approach the issue?

thanks again,
 
Re: Jim M, Sachin, my friend filed her 485/131/765

one thing I do remember is that if she dosent work on a H-1B like she did before she will be considered out of status.. also I think her H-1B is now void based on her pending I485.

I am not sure of the procedure of how to withdraw an I485 but i believe he can send a letter to INS or even call the 1-800 number to enquire on the process.
 
This posting is specially addressed to forum participants such as TWI485. When somebody is in need of advice and uses good faith to ask a technical question, you should simply try and respond strictly according to the terms of the question, instead of becoming judgemental. JAM is in trouble and if you can't give advice, then just don't barge in with your notion of how people abuse the "system" and what not. There are systems and there are abuses of systems--big deal, so what? just answer JAM's genuine concerns. If you don't know what to say, just reserve your right to be silent. Things like what you're saying are beside the point raised by JAM's situation and also detrimental to the spirit of helpfullness established in this forum.
 
My posting above is also directed to GANGA whatever. This fellow/felli has gone out of her/his way to splatter an episode about a "friend" all over the forum--what for? Okay we know--once is enough--we know you have a "friend" who was duped by his "wife" who "abused" the battered spouse clause--isn't posting this story once enough? A request--please don't duplicate your postings this way, especially when it really helps nobody. If you have personal grudges against people write up a "my dear diary..."
 
Detro,

your post makes sense.. and twi has been banned & Ganga has been advised to make a post in 1 thread which makes things easy for everyone.

Sachin
 
Sachinpadke, thanks for your advisement and insights on my questions

Your advice is well taken. I had to post it to other threads so that I can get some quicker response to pass on to my friend. If I only posted to one single thread, not all might look at it - who could potentially have some answers.
You are doing good job of moderation.
But, Please!!! do control this detriotimmi's BIASED outbursts.

thanks,
Cheers
:)
 
Learn to Relax...

Now detroitimmi,
O.. Wo.. Wo.. Just relax. My intention was to elicit some quick thoughts from fellow (felli?! what was that word?? ummh!!) netters in more than one thread.

You didn't even have any thing to offer in terms of advisement to the problem posed in my question to this thread. So You are no different from your characterization of TWI485 and your note on that.. Just read "When somebody is in need of advice and uses good faith to ask a technical question, you should simply try and respond strictly according to the terms of the question, instead of becoming judgemental" -- You don't need to digress into whether I have a grudge against anyone or not. Don't even try that next time.
And you say "There are systems and there are abuses of systems--big deal, so what? " - Is that your opinion of how legal system should work? Put yourself in an innocent man's shoes, who has to go through such a mind boggling situation caused by a MANIPULATIVE WOMAN.
Oh, by the way, I will pay some lier-at-large to maintain ""my dear diary..." if I need to.. mind your business.
And be Cool.
:cool:
 
You must log in or register to reply here.
Top