I brought my husband (then fiance) to the US on a K-1 Visa. We were married in early 2010. Three months into the marriage he got violent with me. Throughout our 2 year marriage he was both physically and verbally abusive. In addition he ruined me financially. I'm filing for divorce but he refuses to sign the papers until he gets his permanent greencard. His conditional greencard expired last month and he has not filed to remove the conditions. He continues to harass me. What can I do?
State/Country relating to question: New York
I went to my local Immigration field office and tried to withdraw my petition. Was told that there's nothing that can be done since he already has a greencard. I put an inquiry in his case file.
Hello,Frankly the fact that he hasn't filed to remove conditions within the 90-day window prior to the expiry means he no longer has a valid status. This would likely mean he'll have to reapply from the onset.If he were more diligent about his application he would know that he can still submit an application to remove conditions even though he is no longer married to the sponsor -- it makes it a bit more onerous with respect to documenting that the Marriage was legitimate at the beginning but it is possible. But even an application filed by himself would be more successful if you're willing to help establish his assertion that the marriage was legitimate. So there wouldn't be any good reason to be uncooperative.You also do not have any obligations to sign this petition and, at this point, as he is out of status, he's in a far more compromised position then he may realize.With respect to your obligations, you cannot 'unsign' or withdraw your support obligations but you by no means are tied to this man and you can file for a contested divorce. My recommendation to you is to simply retain a family lawyer and go ahead with a contested divorce -- one decreed by a judge without the need for his 'approval' if he's holding that for ransom (as it sounds).Regards XXXXX XXXXX wishes.
Cross-Border Immigration Lawyer
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