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Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 4867
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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I have a difficult situation. I got pregnant and married in

Customer Question

hello. I have a difficult situation. I got pregnant and married in good faith my husband. Everything happened fast as i got pregnant after 2 months of dating . So we got married end of May and now it is November. I just got documents together to apply for Green Card based on marriage . We live together and out baby is due in 4 weeks . I was shoked finding out info from his emails and txt messages . Never ending lies, he is cheating left and right , the account we opened jointly is overdraft (i just logged in as i don't really use it ). He was suppoused to pay the rent , but the check he gave me bounced and now im the one who is paying the rent and he clearly told me he doesnt have any money so i should pay for the next 2-3 months. I can not go on explaining what this man is doing with never ending lying . I only wish i would know it earlier . Do i have ANY recourse to self petition at all based on all these facts or if i withdraw the application and baby is born i still have to leave the country? i also dont want to apply and find myself dependant on his lies and him keeping me hostage of the situation . He still didnt give me his tax return documents which will be required at some stage anyway , cause the sponsor is another person. I really need an advice as im in a devastating state both mentaly and phisically and im pregnant which makes the entire matter more difficult. Im on tourist visa here now and ive been on and off in US since 2001. On student visas on P visa and on B1/B2 visa. please help. thanks
Submitted: 9 months ago.
Category: Immigration Law
Expert:  Jen Marie, Esq. replied 9 months ago.

Hello, my name is ***** ***** I will be the immigration attorney helping you today.

I am so sincerely ***** ***** this has happened to you. It is awful and no one should have to go through it especially when you are pregnant. Unfortunately I'm not going to have very good news about this, but I do have to be honest. I can explain what will happen and what happens with the options and then you can decide what to do.

The only way you can self petition your green card at this point would be to file under VAWA (violence against women's act) which means you have to show that you have been abused by your husband. Unfortunately cheating and squandering your money is not enough for a VAWA petition even if you are pregnant.

If you continued with the application with your spouse and somehow were able to get your green card, even if you did not remain married very long after, then you would very likely get to keep your green card permanently. However, you would need his tax returns from 2015 and you would need the 2015 taxes from the joint sponsor along with their W-2 and proof of US status.

On other hand, yes, if you withdraw the petition from your spouse, you would likely face deportation or you can remain here without status.

Again, I'm so sorry there are not better options. I hope you can understand that I don't make the laws and I cannot change them.

Good luck to you and I hope this answer has helped you!

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