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Jennifer Marie, Esq.
Jennifer Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 3371
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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I petition my wife on a K-1 visa she came here and we were

Customer Question

I petition my wife on a K-1 visa she came here and we were married within the timeframe required we are now in the process of waiting for an interview for her I485 Application adjustment of status We started a new business and during that time I wasn't paying enough attention to my wife and was focused primarily on building the business it caused her to feel as though I wasn't giving her enough attention so she left and went to live with her sister who is also married to an American My question is I was told by a family member that her sister and her sisters American husband are now trying to fill out forms to get her adjustment of status for her Is that possible that they can do that and she can just abandon the marriage and abandoned that I 485 application and get her adjustment of status without me ?
Submitted: 8 months ago.
Category: Immigration Law
Expert:  Jennifer Marie, Esq. replied 8 months ago.
Hello, my name is ***** ***** I will be the immigration attorney helping you today. No, there is no possible way that she can simply fill out an adjustment of status I-485 application unless it is through you because she came here on a K-1 visa. The only possibility she would have of getting her permanent residence in the US would be applying for an I-360 VAWA petition, which is for people who claim they have been battered/abused by a US citizen spouse. She would need proof of that. But even if this were the case, she would not be applying directly for the I-485. First she would need an approved I-360 petition which establishes the abuse and then she would submit the I-485 for her permanent resident card. Good luck to you during this process and I hope this answer has helped you!If you are not satisfied with my answer or if I did not understand your question correctly, please ask me for clarification and I will be glad to clarify. Your satisfaction is my goal. Please kindly remember to issue a POSITIVE RATING now before you leave this page by choosing from the ratings. This is very important since it is how I receive credit for my service from what you paid. This question will NOT close after you rate me even though it says "To Finish..". So after rating me, feel free to ask me any follow up questions at no additional cost . Any bonus you wish to provide will be very appreciated.If you have other NEW questions in the future, you can make sure that I answer it for you if you start your new question post with the words "FOR JENNIFER " or write it in the Subject Line.
Customer: replied 8 months ago.
There has never been any abuse. Her brother in law is assuring her he has a way to do so. Is it possible he or she will just claim she was abused? Is that all she has to do?
Expert:  Jennifer Marie, Esq. replied 8 months ago.
Yes, that is the only option she can do that requires filing an I-485. Of course anything is possible. She can claim there is abuse but it does not mean she will be approved. She can try without proof but she will eventually need proof of abuse such as a police report or pictures or some other sign of actual abuse. Everything needs to be proven. There is one other option but it is not related to you not does not involve an I-485. That is filing for political asylum if she fear returning to her home country based on facing persecution in her home country. That application is the I-589. I hope this clarifies your doubts and I hope you are now able to leave a positive rating. Please remember that even after you rate me, you can ask a follow up question. I will not abandon you. Thanks.

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