Need Help ......Marriage on the rocks !

F

flyover

New Member
Hello Everyone,

Thanks in advance for spending time to read and help me with my Immigration issues.

I got married about 5 months back to my neighbor(USC) after dating her for abt a year. I overstayed on my B1 for about 4 months now due to my inability to extend my work visa. with the help of my spouse i filed my I 130, I 485 and I 765. Of late i realised that my spouse is into drugs ....crystal meth specifically due to bad company. things are going bad between us. She has been abusing me and she is stealing, hustling and ready to do anything for money.

I am to get my EAD in a couple of days. I dont think I would be able to live with her anymore. All my efforts to take her to rehab have been futile. I have come to a point to call this marriage off and she doesnt even recognise this marriage at all ....Can we annule this relationship called marriage.....Considering my current visa situation do u guys think that annuling the marriage would still allow me to have my EAD and then GC.

I do not know what i can do to prove that this marriage was entered in good faith. We have been living in the same apt. for abt 5 months now....have joint bank account......

I am scared that annuling the marriage would create problems to my case......my spoiuse on the other hand doesnt even care and she wants to get it annuled....

Please help !
 
If your Permanent Residency has not been approved (you do not have the GC yet) and the marriage is finalized. There is nothing you can do.

AHhhh... the holidays... divorce season? :rolleyes:
 
Your reply isnt quite clear to me !

I am sorry but, I couldnt quite understand your reply. Do you want me to file for divorce ? My spouse and I have been thinking of annuling becasue we never had given meaning to our relationship after marriage esp. with the drug issues that she had right after marriage.

What are the merits demerits of Divorce and Annulement on my case.

Your help would be greatly appreciated !
 
I am talking about your status. IF your Marriage is annuled/divorced/terminated-in-any-way before you get the Green Card, then you will be put in removal proceedings and must return to your country.
 
Thank you but any suggestions Please !

Thanks for your prompt reply but, can you please let me know if there is something that you think i can do to protect my status.

Thanks in advance
 
There is no status to be protected. You overstayed your visa and are in "pending adjustment of status". Once the marriage is ended, or the case is denied, due to your crazy wife, there is no status.
 
Putting yourself in the IO's shoes: wouldn't you find it a bit odd if both parties were seeking an annulment on the grounds that their marriage had no "meaning", yet somehow the immigrant still felt he had a right to a GC? Doesn't seem likely to me.
 
Just a little odd... I would say.

Either way, to the original poster... your EAD would be void also, once your AOS case is "terminated".
 
If he is really being abused (and can provide evidence of it) then he can file an I-360 based on VAWA.
 
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