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My husband and i got married 6 month ago in korea, my

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Hi my name is *****...
Hi my name is ***** ***** My husband and i got married 6 month ago in korea, my husband is in military (AIR FORCE). Now ive been had domestic abuse ( but not physically ), i have document from military family advocacy. Now my husband is asking me for divorce, but its little bit hard time to me to figure it out my divorce and immigration situation. Is there any chance if i can change my temperary visa (green card) to 10 year visa?
Submitted: 6 months ago.Category: Immigration Law
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Answered in 37 minutes by:
12/28/2017
Immigration Lawyer: Bill Attorney, Lawyer replied 6 months ago
Bill Attorney
Category: Immigration Law
Satisfied Customers: 2,613
Experience: Attorney
Verified

Dear Customer ,

Thank You for posting your immigration law question today. I'm attorney Bill offering support and assistance to your question.

It is possible to proceed with a 1-751 application for a permanent green card requesting a waiver of the joint-filing requirement. This is possible after the divorce is finalized; if your marriage was genuine then you are likely to be granted the waiver and green card despite the break down in your marriage.

Another possibility is for you to file for a permanent green card under the Violence against Women Act.

You are likely also eligible to adjust your status under the VAWA act

Per USCIS:

"

If you are currently in the United States and you meet certain other requirements (such as an immigrant visa is immediately available to you), you may file Form I-485, Application to Register Permanent Residence or Adjust Status to apply for a Green Card without leaving the country.

You must have an approved Form I-360 in order to qualify for a Green Card. If a visa is immediately available to you, you do not have to wait until your Form I-360 is approved to file Form I-485.

If you are a VAWA self-petitioner seeking to adjust status as an immediate relative, you may file Form I-485 at any time because visas are always immediately available for immediate relatives. If you are a VAWA self-petitioner seeking to adjust under a family-based preference category, you may need to wait for a visa to become available.

If a visa is immediately available, you may file your Form I-485:

  • Together (“concurrently”) with your Form I-360;
  • While your Form I-360 is pending; or
  • After your Form I-360 is approved (and remains valid)."

We are here to help, so please follow up with me if I can assist you further.

I'm an independent legal expert and rely on your positive feedback today to get a credit for my time.

You do this by rating 5*****, 4**** or better.

FIVE STARS is much appreciated.

Happy Holidays

Attorney Bill

Ask Your Own Immigration Law Question
Immigration Lawyer: Bill Attorney, Lawyer replied 6 months ago

Dear Customer ,

I would like to follow up on your question, do you require any additional information ?

Just a reminder when finished that I do rely on you leaving a rating for me to get a credit for my time and assistance to you; this gives me a credit when you take thee time to leave a positive rating.

You do this by rating 5*****, 4**** or better.

FIVE STARS is much appreciated.

Happy Holidays

Attorney Bill

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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