interview schedule but separeted-help

CV1971

New Member
My interview for I485 is scheduled. My husband is a alien(GC)I've been married for 10 years and as result of this marriage we have a child. I've been waiting for my adjustment of status for a long time. In the mean time we had some issues and we separated. My interview is scheduled for next month. Anybody in the same situation? Please Help.
 
CV1971 said:
My interview for I485 is scheduled. My husband is a alien(GC)I've been married for 10 years and as result of this marriage we have a child. I've been waiting for my adjustment of status for a long time. In the mean time we had some issues and we separated. My interview is scheduled for next month. Anybody in the same situation? Please Help.

Depends on what you want. If want your husband back, only you can work for it and if you succeed, you wont have this problem anymore. If you dont want your husband and only want your GC, then you have to really prove that your marriage was entered in good faith and not to evade immigration laws. Since you have been married for 10 years and have a child from this marriage, that is some proof that this marriage is bonafide. This might be of some information to you...

http://uscis.gov/graphics/howdoi/battered.htm

Talk to a lawyer on how to deal with this situation. Talk to your husband and see if you can work things out. Get help of families concerned. Think of your kid, GC can wait.

My 2 cents...
 
Thank you for your input. We were together for 13 years all together. I've tried to save the marriage for a long time. My husband has not worked for 5 years. I've supported him and his other children (from a previous relations ship). Even my income tax return went to pay his late child support. As a right now he has another person pregnant. For me to put up with all this is because it was on good faith.
 
It is wise to keep all your tax returns and if you have official documentation (like receipts and others) that payments are done by you.
Now, my question is your husband will going with you to the interview even you are separated or you will be by yourself?

Over the internet there are many people like you, you can also see this link but this is not the only one there are many:
http://www.hooyou.com/divorce/faq.html

Good luck,
 
CV1971 said:
Thank you for your input. We were together for 13 years all together. I've tried to save the marriage for a long time. My husband has not worked for 5 years. I've supported him and his other children (from a previous relations ship). Even my income tax return went to pay his late child support. As a right now he has another person pregnant. For me to put up with all this is because it was on good faith.

In my opinion, you qualify to file under VAWA. Collect enough proof in your favor. An immigration lawyer can help you make your case more stronger.
 
thank you for both of you. I don't know yet if my husband is going with me. I do have an attorney. By the way what is VAWA? My attorney suggest I go in front of the immigration judge. Is that the best solution?
 
VAWA is the law that protect violence against women (but applies on men too), if there is a case of violence within the marriage and protect you to continue your process of AOS without your husband,of course you have to provide proof of it.

A judge... It is my understanding that you just go there for an appeal or when you think that your case will be denied. Well I think your attorney will know more about it, I mean you have been married for 10 yrs and even has a child. What he said that you should do in front of the immigration judge?

Good luck,
 
CV1971 said:
thank you for both of you. I don't know yet if my husband is going with me. I do have an attorney. By the way what is VAWA? My attorney suggest I go in front of the immigration judge. Is that the best solution?

Before you do anything i suggest you read through this to know what you can expect and what needs to be done. I dont think there is a need to go in front of an immigration judge. Based on what you said, your case is pretty straighforward.

http://uscis.gov/graphics/howdoi/battered.htm
 
Yes, I been there…. Lost my marriage once and the chance for GC with it.
Soon my children will be old enough to file I-130 on my behave, that’s how long I been hanging here. :( I had to start all this annoying and long GC process from a scratch, but for you there is still a chance to win this one.

As far as immigration knows you still married to the same person and they have no reasons to deny your application. Sometimes those attorneys don’t really give the best advices, especially if it’s a new one you just hired.

All of the above advises from ari4u and SherrI980 are good and filling self-petition is good, but the important point girls overlooked is that “CV” waited for this interview for a long-long-long time as a spouse of GC holder. Her interview is already scheduled and all she has to do it to show up with that other person and she’ll get her Green Card.

What I want to advice you is to confront your “soon-to-be-legally-ex” and talk some senses into his scambagged head. For the love that you shared once, for your child, he must listen and do this one last favor for you. He must go to that interview with you and behave like gentlemen would.
You invested too much in this relationship in the last 13 years. It would be a shame to just loose everything: your family and a chance to stay here legally.

If, for any reason, he can’t/won’t/doesn’t go with you, or if you can’t stand to see that face ever again, then file self-petition ASAP. And you will have to notify that office from where the interview letter came from of your intend to withdraw your application. Otherwise – they will deny it for “no show” and put you in the deportations procedures.
You can transfer your priority date from I-130 to new I-360 and won’t loose much more time. The judge should be your last resort - it’s if your application gets denied.
But from what I read – you have good chances to win. You just have to file in time and with every supporting document they ask in the instruction. Self-petitions rarely get denied.
But remember that INS is a big bureaucracy monster and they care more about timely and competently filed paperwork then real people and their circumstances.
Sorry if I got too emotional – your post brought up some bad memories.
I wish you good luck with your case and your life.

Jane.
 
Oh sorry for your situation Jane Green, I was trying to look up what was your case...I see. So you are waiting that your kids get 21? oh well, hanging there girl!

And by the way...Ari4u is a man :)

Good to you all,
 
cherr1980 said:
Oh sorry for your situation Jane Green, I was trying to look up what was your case...I see. So you are waiting that your kids get 21? oh well, hanging there girl!

Hi, cherr1980!
Actually…No! I’m not. I said it sarcastically, because it’s almost 12 years since I first came to US and still no GC :rolleyes: . I had to withdraw my first I-485, after almost 4 years of waiting for an approval :( . I been married to that man for 10 years, but after the divorce INS found me ineligible for GC :mad: .
I remarried, a year and a half ago and started the GC process from a very beginning with my second husband :) .


And by the way...Ari4u is a man :)

Opps! Sorry, Ari4u!!! :o

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