My husband and I are not getting along, there are too many issues that would take all day. We have a 10month old son and he filed for me and I now have temporary residency. We are going through marriage counseling right now but he says he's done and he wants out. I feel tired, exhausted and depressed through everything I've gone through with him and I now feel that may going our separate ways may really be the solution. What happens in two years, will I be granted permanent residency since there is a child involved? or I will loose it if we divorce? I know I could file under VAWA but I don't have money for the lawyers and I am tired of everything. What do I do?
He says he wants an annulment since we've only been married for 11 months (but been together for 2yrs) and also because he married me to do me a favor because I was pregnant and didn't want me to move to my country with his son. He's already been to immigration and told them he wants to withdraw being my sponsor, they asked him if I payed him/our marriage is faked and he said no. They then told him to go home and try to work it out. This just proved to me, that if we go our separate ways he's going to make sure that I loose my papers and also try to take away my son from me (which he ignores and doesn't do much for), If I could go on, it would take all day. Any opinions?
Answers & Comments
Verified answer
If you have no money to hire a lawyer, at least schedule a legal consultation either over phone or in person. It usually does not cost much. At least you will know where you stand, what are your *Rights*, what your husband can and cannot do to you.
If you have a 2-year conditional green card (you have a son, married and living together as a family, etc), there is a very good chance that nothing bad will happen to your status. Your husband cannot just request a withdrawal or cancellation of your already approved green card. From your post, I see no legal reasons for this. He cannot "kick you out" of the country after your conditional card was approved and there is no marriage fraud. Besides, even after divorce he will remain obligated for you as your Sponsor.
In your interests also to hire a divorce lawyer and do NOT agree to annulment. Get a divorce, get a child support from him, etc. Do not rely on his lawyer, but get your own.
After you get a divorce (not annulment), you can immediately apply to remove conditions from your Green Card without a husband's participation. It's very likely that it should be approved.
Don't stress out about all this. It will eventually get better.
Good luck!
If you can demonstrate that you entered into the marriage with good intentions you stand an excellent chance of getting your permanent green card after 2 years.
I suggest you contact organizations like Legal Aid and Catholic Charities who can assist you with both the immigration issues and the issues involving the separation from your husband.
With a child NO judge is going to issue an annulment.
My sister withdrew the immigration papers for my brother-in-law (for no good reason), and he has been living as a fugitive in Texas since then. Immigration ordered him back to his country, but he's been secretly living here ever since. The fact that you have a child...who is a citizen...may make the situation different for you.
If I were you, I would call immigration anonymously from someones cell phone, and ask them all these questions. It sounds crazy, but that might be the only way you'll get some answers. Or, have a friend call for you.
I'm truly sorry that your marriage is not working out. God bless you and your son.
No, you received't lose your card in case you divorce your husband. regardless of the indisputable fact that in case you had a 2-three hundred and sixty 5 days GC and needed to divorce, you ought to nonetheless divorce him, then document to get rid of circumstances on your human being with a waiver. yet you've had your GC for 3 years, and also you're literally eligible to document your N-400 (in case you needed to), plus your husband ought to ought to do a hell of plenty to declare immigration fraud and undo the bonafide information that became adequate for you (and your daughters) to achieve everlasting Resident status. He could also get in large difficulty for making a pretend declare hostile to you. Now that everybody right here has (with somewhat of success) bumped off your concern, i desire you'll take your daughters and depart. Get the police and a pal or pal that can help you you sparkling out your issues; do not do it on my own.
Get a lawyer there are lawyers that are out to help people like you :) good luck to you and your baby.
Take your son and go back to your country, hopefully you still have family there.
I would stay with him and work it out until you get your green card, than dump his ***. But than again you don't want to hurt or kill yourself over stress. Pray about it, God will help you.
Sorry, I feel for you, and your kids.