My husband used to have a H1B visa , we filed the request for green card at the same time on Oct 2007. I was subject to get my green card because I am his wife . He already received his green card since last July . We were having lots of problems and I decided to leave him because of physicological abuse from him to me . He is always torturing me because I have overweight . I just wanted out of this marriage .Currently , I have a work permit and an H4 visa , my H4 visa expires on 2010 the same as my work permit . We haven't filed for divorce because I am waiting to get my green card , but he is always threatning me saying that he is going to cancel my process by saying that we are now separated . We have a 6 year old girl that is a citizen and we are living in the US .
Mission , Texas
My question would be ... Is it possible that if I am already separated that my process gets cancelled ? What can I do? he is asking me to give up everything we made during the marriage in exchange for the green card
Unlike obtaining permanent resident status through marriage, derivative employment based adjustment does not look to the bona fides of the marriage. As long as you and your husband are married, you are his derivative and entitled to your adjustment.
Now, there is no reason for your application to be held up. What has probably happened was that your files were seperated and they have yours on the back-burner because they don't have it connected to it's own petition.
If you have the following you should send it to the service center with an inquiry as to why there is the delay:
1. Copy of his I-485 approval notice and I-551 card, front and back.
2. Copy of his petition approval.
3. Copy of his I-485 receipt notice.
I know since you are seperated these things may be difficult to get, but think about how you can get your hands on it.
He cannot just write CIS and cancel your application - it is YOUR application and he has no say in it. Just the fact you are legally married and you were named in his application gives you this right. So hang in there and start thinking on how you can out smart him by getting hold of these documents.
Also, you will need to write CIS if you moved from the address on the application. If they communicate with you, you can't count on him to pass that mail on to you. It is OK if you are not living with him or at the same address as when you filed. In addition, you need to go online and file an electronic AR-11. That is the law, but you have to send a seperate letter to the service center having your 485 file.
33 yrs attorney on all nonimmigrant & immigrant visas
Thanks a lot for your reply Judith ..So I guess we need to wait till I get my Green card to start the divorce process right ? Also , Is there an immigration law that applies for me if I was being physicologly abussed ?
What is an AR-11?
Thanks so much
You can do the AR-11 Change of Address online - here is the link
Yes, you will need to get your green card and then begin the divorce proceedings. Technically, you could begin them now, but best to be safe.
Like I said, I am sure your files got seperated by error. They usually try to keep the files together and adjudicate the principal and derivitive at the same time. If you can get your hands on those copies you just need to send them with a status inquiry letter referencing your I-485 file number and A number to the service center and they will pull your file and approve your adjustment.
Also, you need to let the service center know your new address if you moved from the address on the application or you won't know of any information they are asking.
No, no law applies to you for being mentally abused as a derivative beneficiary of an employment based adjustment. If he was sponsoring you as a spouse, then yes, there is a law for physical or mental cruelty. So, you need to find a way to get your case approved as soon as possible so he can't have that control over you with it.
Is there anyway you might get access to what you need about his case?
Yes , I can get the papers ... Can I do that myself ? Or do I need a Lawyer ?
Oh, that is so wonderful. I am so happy to hear that you can get those. You absolutely can do it yourself.
Address it to the Service Center
Put your full name and Date of Birth
Your File Number and A#
Then your husband's full name and Date of Birth
His file Number and A#
I am inquiring about the status of my adjustment because my husband's application was approved on (date).
Enclosed are copies of the following to support my inquiry:
3. Copy of his and my I-485 receipt notice.
PLEASE NOTE MY ADDRESS HAD CHANGED:
signed by you.
That is all you have to do!
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