Thinking of divorce

[Dayhaitiimi21]

Please help! I’m a citizen filed for my husband and his 4 kids, the kids are still in another country and husband is here with me. We officially filed the documents last May 2020. Husband just got his EAD card, waiting for interviews for everyone. Can’t handle the environment and the relationship anymore. I’m trying to stay because I love the kids and would hate for my decision to affect them being denied the chance. What are my chances of filing for divorce and their papers still get approved? Been married for 4 years.

[Scorredora]

There is not way that after a divorce he gets approved or his children. He can apply for vawa, means he needs prove that you abuse him, it’s that an option for him?

[SmithB]

I would say if you are willing consider counseling it works wonders. Also may be now when he has his work authorization he will be able to start working and things will get better. It looks like an interview will be coming soon, so may be consider waiting for that and see how is going to go and then if you still want divorce just talk to an immigration attorney. How old are the kids?

[Johnny6751]

Please help! I’m a citizen filed for my husband and his 4 kids, the kids are still in another country and husband is here with me. We officially filed the documents last May 2020. Husband just got his EAD card, waiting for interviews for everyone. Can’t handle the environment and the relationship anymore. I’m trying to stay because I love the kids and would hate for my decision to affect them being denied the chance. What are my chances of filing for divorce and their papers still get approved? Been married for 4 years.

At the end of the day is your happiness what matters as well. If you feel that your life is in danger, or that you're being pressured to give him a legal status then I say leave! You've been married for a long time, is not that you just met him yesterday. Do you love him? Has he treated you with respect? Has it been any physical altercations?
You can withdraw the application anytime, that unfortunately will stop the entire process and he'll be placed in immigration removal proceedings.
I hope you work it out.
Good luck!

My timeline so far:

PD 06/30/2020. Chicago field office. No EAD

-01/27/20: Same sex couple, married to USC.
-06/29/20: Package I-130, I-130A, I-131, I-485, I-693, I-765, I-864, I-864 joint sponsor and I-944 sent via certified mail USPS.
-06/30/20: Delivered by USPS and signed by Chicago lockbox T Thomas.
-07/25/20: Checks cashed.
-07/30/20: Text messages received with case confirmation numbers.
-07/31/20: Received NOA's in the mail.
-08/05/20: Received RFIE notification from USCIS for I-485, letter to follow via mail.
-08/10/20: Received RFIE in the mail asking for my partner's pay stubs for the last 6 months and letter of employment.
-09/18/20: Mailed out RFIE to Lee-Summit's office.
-09/21/20: USCIS confirms they've received RFIE.
-10/27/2020: Called USCIS regarding biometrics appointment not yet scheduled. USCIS send E-Request to Chicago FO.
-11/10/2020: Immigration officer reaches out to me via phone call to explain the reason I haven't received a biometrics appointment, appointment will come eventually.
-11/23/2020: USCIS files another E-Request for biometrics.
-12/04/2020: USCIS confirms biometrics appointment has been scheduled and letter with details is in the mail already.
-12/05/2020: Biometrics appointment scheduled for December 21st 2020.
-12/21/2020: Biometrics taken.
-12/22/2020: Biometrics applied to cases.
-12/29/2020: Case is ready to be scheduled for an interview.
-02/26/2021: Interview has been scheduled. Letter in the mail already.
-03/31/2021: Interview

[yinander]

Hi all,
Just want to add that in my case I am considering divorce from my husband who however is the sponsor in this case. He is turning out to be emotionally abusive and I’m worried that from the way he reacts he might one day be physically abusive too. What are my options? How does vawa work?

[Pochi]

If his status here is based solely on being married to you then yes he will be denied and so will his kids if you divorce before he gets his green card. If you can't stand the guy then the best thing is to withdraw the 130 application and get divorced. Keep in mind if you do go thru with it just for the kids you are financially responsible for him for the next 10 years. So if he applies for government benefits the government may come after you for repayment even after divorce.