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Marriage and immigration I've got married exactly 6 months…

Marriage and immigration I've got married...
Marriage and immigration
I've got married exactly 6 months ago and I'm currently in a green card process. Unfortunately, after almost three years of relationship, we are not doing well as a married couple. I found out that he had cheated on me, and he has been threatening me to not give my documents, if I do anything to related to our marriage. Please, I'd like to know what is my options. It's been like a nightmare to me and I don't think I can handle this anymore. Hope somebody can help me. Thanks!
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Answered in 2 hours by:
3/19/2018
jludwic
jludwic, Attorney
Category: Legal
Satisfied Customers: 29,514
Experience: 33+ years experience as immigration lawyer
Verified

Hello my name is ***** ***** I am delighted to answer your questions. I am reviewing it and will post your answer momentarily.

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Welcome to JustAnswer! I have 34 years experience as an immigration attorney and I am here to help resolve your immigration issue. Tackling these issues can sometimes get confusing. Should you need to chat on the phone or document review, I am able to do that for an additional cost. Let me know at any time during our question and answer session if you are interested.

I'm sorry you are going through this misery.

However, you have no status as a spouse with pending adjustment of status.

That does not exclude you from being an abused spouse.

You would need to see a psychologist or psychiatrist and discuss your mental abuse you are suffering as a result of the deception your spouse has done to you after having had such a long term relationship. If the mental health expert concludes you are an abused spouse because of the emotional and psychological abuse you have suffered you can file the I-360 as an abused spouse of a US citizen.

It is essential you have the professional opinion of a mental health expert you are abused.

I hope that helps! Please let me know if you have any other questions. I appreciate this opportunity to help you. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating. If you are very satisfied with my answer please take a moment to click on the 5 stars at the top of the page. The question thread remains open and you can ask follow-up questions.

Judith

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Customer reply replied 1 month ago
Proofing that I'm psychological and emotional abused is the only way?
In this case what would happen with him?
Would that be safe for my physical safety? what about the green card process?

You would need to talk to the police about your safety and any consequences to him for any criminal acts. I can only tell you that if you are an abused spouse of a US citizen you can self-petition as the abused.

If you are very satisfied with my answer please take a moment to click on the 5 stars at the top of the page.

Judith

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Customer reply replied 1 month ago
I just want to end this in a good situation. I don't want to involve police. If I file the divorce, can I still go forward to my green card process?

You would best file the I-360 as spouse of US citizen before you file for divorce. You can file after divorce but strategy wise it is best to file before you file for divorce.

Please take a moment to click on the 5 stars at the top of the page.

Judith

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May I ask where my answer failed a satisfactory answer> No rating no conpensation for me.

Judith

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Customer reply replied 1 month ago
It's not clear to me yet, I'm sorry. I want to know the consequences of this form you advising me, for my husband, and for my green card process.
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 12,570
Experience: Just Answer consultant at Self employed
Verified

I see your professional opted out so I will do my best to answer your follow up question.

The I-360's benefit for the filing spouse is that it allows an abused spouse to obtain citizenship independent of the abuser; which provides the applicant independence from their abuser; please see:

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

As for the abuser, it may result in their inability to petition on behalf of future spouses;

similarly it may have a negative impact on the abusive party's immigration status if they are not a citizen.

Please see:

Eligibility Requirements for a Spouse

  • Qualifying spousal relationship:
    • You are married to a U.S. citizen or permanent resident abuser or
    • your marriage to the abuser was terminated by death or a divorce (related to the abuse) within the 2 years prior to filing your petition, or
    • your spouse lost or renounced citizenship or permanent resident status within the 2 years prior to filing your petition due to an incident of domestic violence, or
    • you believed that you were legally married to your abusive U.S. citizen or permanent resident spouse but the marriage was not legitimate solely because of the bigamy of your abusive spouse.
  • You have suffered battery/extreme cruelty by your U.S. citizen or permanent resident spouse:
    • You have been abused by your U.S. citizen or permanent resident spouse, or
    • your child has been subjected to battery or extreme cruelty by your U.S. or permanent resident spouse.
  • You entered into the marriage in good faith, not solely for immigration benefits.
  • You have resided with your spouse.
  • You are a person of good moral character.

Approval allows the applicant to work in the US and also to apply for public benefits.

It is a manner in which the applicant may apply for a visa under the VAWA (Violence against women act) and may then seek LPR (green card) by filing I-485 either simultaneously or after approval.

Further questions please post here otherwise kindly rate 5 stars if you feel I have earned it!

legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 12,570
Experience: Just Answer consultant at Self employed
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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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