Please help Pregnant on H4, facing domestic violence

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BatteredH4

Registered Users (C)
Dear help,

I am living in US since 2007 and facing physical and verbal abuse of my husband. However never reported to the police, my mistake. Always thought things will get better but even now that I am 10 weeks pregnant he keeps on beating me and abuse me verbally as well. I am trying to get in tough with Ayuda, and Tahirih. In the meantime I want to find from your knowledge what rights do I have.

Husband on H1-B valid till 2012, has EAD. Has got approved I-485, filed for PR through his employer in 2004 under EB3, recently got his attorney to change him from EB3 to Eb2 however its under process right now. I am on H4 until 2012.

What are my immigration rights? Please help. Thanks in advance.
 
BatteredH4 said:
Dear help,

I am living in US since 2007 and facing physical and verbal abuse of my husband. However never reported to the police, my mistake. Always thought things will get better but even now that I am 10 weeks pregnant he keeps on beating me and abuse me verbally as well. I am trying to get in tough with Ayuda, and Tahirih.

In the meantime I want to find from your knowledge what rights do I have.
---your H4 is based on his H1 as you are his wife
Husband on H1-B valid till 2012, has EAD.
Has got approved I-485
------if he got I-485 approved then he got GC. I think you mean to say his I-140 is approved and I-485 Pending., filed for PR through his employer in 2004 under EB3, recently got his attorney to change him from EB3 to Eb2 however its under process right now. I am on H4 until 2012.

What are my immigration rights?
--Wait for others reply. Do you have also pending I-485? you can see a good lawyer for your immigration options.
Please help. Thanks in advance.
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I do not have I-485 approved, as my GC application has not been filed at all. Only his adjustment of status is approved. Does that matter if I am pregnant? Will that make a difference in my status? My husband wants to divorce me and do not want to pay for alimony or child support.( I am10 weeks pregnant) Will I be deported back to India? Can't I get any help from family services?
 
He may not be required to pay alimony according to US laws; alimony - especially long term - is not granted for short term marriages. He will, however, be required to pay child support until the child is 18 or 21 depending on state law. This is a requirement as long as he is in the US even if you and the child are not. In many states, divorce will not be possible until after the birth of the baby. He is assumed to be the father but can always ask for a paternity test. Until the time of divorce, he might be required to support you; this requiring legal action and a judge's order to do so. So, get a lawyer.

If you are being abused, you need to worry less about remaining in the US and more about the safety of yourself and your child. You should go to a shelter for abused people. They can advise you of your options. If you are not eligible to remain in the US following a divorce, plan to return home. If you can, you better be able to support both yourself and your child on the basis of your own work.

You should find a family law attorney and file for a divorce. (Failing to do so on the basis of losing your opportunity for a GC simply proves that your marriage was for an immigration benefit. I cannot imagine that living in the US would be more important than your life - and more importantly the health and safety of your unborn child. If living in the US is more important than that, you have real problems with your priorities and should consider whether you are fit to be a parent!)

Why do you think that you as a foreign national should qualify for welfare benefits? Your husband can be compelled to support you until you are divorced and lose status in the US.
 
BatteredH4 said:
I do not have I-485 approved, as my GC application has not been filed at all. Only his adjustment of status is approved. Does that matter if I am pregnant? Will that make a difference in my status? My husband wants to divorce me and do not want to pay for alimony or child support.( I am10 weeks pregnant) Will I be deported back to India? Can't I get any help from family services?
Click to expand...
No I-485 is filed for you.
After divorce you dont have any option to stay in US based on your Husband status. FYI if his I-485 is approved it means he got his GC and you are NOT on H4 status and staying illegally in US. I dont think his I-485 is approved you posted he has EAD if one gets I-485 approved then one gets Green Card and not EAD
 
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