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Left husband due to DV - immigration application still with USCIS

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  • Left husband due to DV - immigration application still with USCIS

    Hello -

    I got married to my husband and became his sponsor on his immigration application, which was submitted last month. The marriage has gone sour very quickly due to domestic violence and I've left. Currently, the immigration application is with USCIS and is in the beginning stages of being processed.

    While the marriage was bona fide, I am worried that my husband will seek revenge because I have left him and accuse me of committing fraud with immigration, saying I married him to help him get documents. He is full of threats and I'm not clear on what is possible and if he can even get me in trouble with immigration. I certainly wish I could have helped him in this situation and that our marriage could have worked out, but it isn't due to the DV. How can I protect myself in this situation from accusation of fraud?

    I do intend to file a divorce, but it has not happened yet.

    Thank you for your thoughts!

  • #2
    I'm not sure how he can use this against you. I would probably file for divorce soon and inform USCIS about the divorce.
    This is my opinion, not legal advice!

    AOS (c9) 2 USC 485/130/131/765
    122017 - PD
    012518 - Biometrics
    033118 - EAD/AP Combo card delivered
    062618 - "Case is Ready to Be Scheduled for An Interview"
    082618 - "we scheduled an interview for your Form I-485"
    090418 - 2nd we scheduled
    091018 - first interview canceled
    092118 - Request to reschedule int
    102318 - Renewal filed EAD/AP
    030819 - EAD/AP Card in hand
    040219 - We canceled your int
    040519 - Int sched
    051419 - Interview
    053119 - approved

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    • #3
      If you've suffered battery or other physical abuse from that person I hope you called the police. This will be very important because you can later on qualify for a U visa or VAWA. From what it sounds like the case may end up being denied because you'll be divorced but if you've got a police report you can have another shot at it with other options. Empty threat or not never get held hostage in a violent relationship with anyone.
      Marriage based AOS concurre
      Feb 2017 - Date received
      Feb 2017 - RFE received
      March 2017 - Biometrics completed
      April 2017 - RFE response received case no longer on hold
      April 2017 - Case is being scheduled for interview
      May 2017 - AP/EAD received:
      March 2018 - AP/EAD forms sent for renewal
      Sept 2018 - AOS interview scheduled.
      Oct 2018 - AOS interview
      Nov 2018 - Green card in hand

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      • #4
        Document!

        Originally posted by mango54 View Post
        Hello -

        I got married to my husband and became his sponsor on his immigration application, which was submitted last month. The marriage has gone sour very quickly due to domestic violence and I've left. Currently, the immigration application is with USCIS and is in the beginning stages of being processed.

        While the marriage was bona fide, I am worried that my husband will seek revenge because I have left him and accuse me of committing fraud with immigration, saying I married him to help him get documents. He is full of threats and I'm not clear on what is possible and if he can even get me in trouble with immigration. I certainly wish I could have helped him in this situation and that our marriage could have worked out, but it isn't due to the DV. How can I protect myself in this situation from accusation of fraud?

        I do intend to file a divorce, but it has not happened yet.

        Thank you for your thoughts!
        You are USC, right?

        IMO you should document his threats. Going to the police will help, and you can explain the content of his threats to them, as well.

        If you were his sponsor & he cries immigration fraud, he will be cutting off his nose to spite his face, so to speak. He would necessarily be admitting that he participated in the fraud as well, and then what are his options?
        What evidence, if any at all, would he have to show fraud?

        You can start collecting evidence that the marriage was bona fide, but honestly I don't think you have to be too worried.
        2/20: Received at Chicago lockbox
        4/04: We reviewed your biometrics and are processing your case (I-765 & I-485)
        4/18: Ready to be scheduled for an interview (No notification, not updated on either site until Aug 27)
        4/19: Request to expedite EAD
        5/11: Received EAD
        6/26: Applied for Advance Parole
        8/09: Advance Parole approved
        8/29: Scheduled for Interview
        10/11: Interview
        10/12: RFE on I-130 (misplaced G28)
        10/16: Sent new G28
        10/19: Approved!

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