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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105649
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I met my husband back in 2011, things were on and off but

Customer Question

I met my husband back in 2011, things were on and off but then we got serious in December of 2014. I came to America last year September on a visitors visa and in December wen I decided to go back to my country he didn't want me to leave so he asked me to marry him. We then got married in the latter part of January. Two months after our marriage he started acting strange and began to come home late and sometimes he didn't. Then I found out he was having an affair with another woman who claims to be pregnant by him. When I confronted him about it, he became so verbally abusive and would say things like I should just relax and know that I am his wife and if I ever confronted the girl, he would leave me. Or he would say things like at least she is able to give me a child you can't. He stop supported me financially but I was able to filed the paperworks with my savings and help from my family. A month after filing for Aos, he moved out of the house in which we were living and served me with divorce papers. Now I'm distraughted, confused, and feel emotionally and psychologically abuse. What should I do because if I'm divorced I believe my application will be denied?
Submitted: 4 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

Hello! My name is***** and I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

Have you gone to a therapist or psychologist in regards ***** ***** emotional abuse? Would you be able to prove that it is EXTREME emotional abuse? Also, what was the last visa that you used to enter the U.S.? When did that I-94 expire? When was the I-485 filed for you?

Customer: replied 4 months ago.
No I haven't gone to see a therapist or psychologist. I have only talked to my best friend about it. The visa I used to enter is a visitors visa and my i-94 expired on March 18, 2016. The i-485 was filed on May 23rd.
Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

Ok. That means that you have less that 180 days of unlawful presence from March 18th until May 23rd. This means that if you leave the U.S., you do not have an automatic penalty to come back. You still have to apply for a new visa in the future, but you would not be banned for 3 or 10 years. Since your main reason for immigrating was the relationship, I assume you would be ok with leaving the U.S. and not have a penalty to come back, correct?

Customer: replied 4 months ago.
are you saying my only option is to go back home and apply for a new visa? I read I would have a penalty because I overstayed, not sure how true that is.
Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

No, that's not your only option, but I assumed that you main idea was not to come and stay in the U.S. But that's ok. If your desire is to get U.S. Lawful Permanent Residency, you can apply for it on your own through a Violence Against Women Act (VAWA) and prove that there was physical abuse OR extreme emotional abuse. The problem with extreme emotional abuse is that it usually has to be backed up by reports from psychologist, psychiatrists or therapists because just simple verbal abuse probably won't work. Here is an official link:

https://www.uscis.gov/humanitarian/battered-spouse-children-parents

If you can prove that level of emotional abuse, they would grant your green card independent of your spouse. You can divorce during this process as the I-360 is a stand alone process.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, please click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

Customer: replied 4 months ago.
Oh I understand. Honestly my main reason was not to stay here but because I did I have lost my job back home. I have debts that I need to pay off and going back home will be difficult for me seeing the chances of getting a job is zero to none. I am really stressed about all of this, I can't sleep or even eat. I am thinking of going to a psychologist
Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

Then do so. It will certainly help your case. This is one of the reasons that the I-360 exists. Don't be afraid to try it, but gather as much evidence as you can to support your case. I have to log off now, but I will be back later if you need me.

Let me know if you need anything else, but please do not forget that positive rating. Thank you!

Customer: replied 4 months ago.
Thank you so much. Do you think it's best I go through an attorney to file the i-360?
Customer: replied 4 months ago.
If my application is denied because of no show at the interview, will I be placed into removal proceedings?

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