Mr. Jimi

Hi, I applied for adjustment of status last year, and my final interview is coming
up next week. However, in the past year, my relationship with my husband has
deteriorated until, just this week, I took my child and left my husband, as he was
threatening my child, and I couldn't take any more of his anger and mood swings. My
question is: Now that I am asking for a divorce, what will happen with my
adjustment of status? I assume I will not get my green card now. But my question
really is, if I decide at some point to marry another American, will my case be
denied because of this divorce? (additionally, unfortunately, my original AOS final
interview was denied because of lack of evidence of a real marriage; my husband
failed to provide proper documentation, and since I don't speak English, I left it
all up to him)(someone is translating this for me) Is there anything to do to make
my chances better?

Alvena Ferreira

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If you entered on a K-1 visa: You should run, don't walk, straight to an immigration
attorney, to see if you can apply for adjustment of status based on abuse. If you
cannot afford an attorney, you should check with the local spouse abuse shelter and
the local bar association for attorneys that might provide pro bono (free) services.
You should not get a divorce until you find out whether you have options for a claim
of abuse, as you would have to file this before you got a divorce.

If you entered on K-1, filing a claim for adjustment of status based on abuse is the
only way you can adjust without leaving the US. If you entered on another visa type,
you may have more options. See the attorney, and find out where you stand.

Alvena
--
I am not a lawyer and this is not legal advice; this is my personal opinion, posted
for the purpose of discussion only.
---
K-1 FAQ: http://www.k1faq.com Jonathan's K-1 pages: http://alixtcat.50megs.com/ Doc
Steen's Marriage Visa Information Pages:
http://www.mindspring.com/~docsteen/...o/visainfo.htm

Rete

In addition to Alvena's post, if you cannot afford an attorney, the INS website has a list of pro bono attorneys throughout the country who will represent you for free.

Here is the URL

http://www.usdoj.gov/eoir/probono/probono.htm

Rita

Mr. Jimi

I need to clarify some things, and then re-ask this question: First, my husband
didn't actually abuse me, or my child, I just felt that his mood swings and anger
made life unpleasant. In any case, I am not interested in staying here in the U.S.
without my husband. I couldn't afford it, and in my home country I have family to
help me. So my questions are:
1)How long will I have here before I HAVE to go back to my country (since I am not
going through with my AOS and am going through with a divorce)I do not want to
overstay my legal permission, but as of now I haven't been told when I would
have to leave.
2)Once I am back home, if I ever want to marry an American again and live here,
will I have problems getting approved for a fiancee visa? (Especially since my
AOS this time was at first denied because they felt our marriage was a sham -
even though it clearly wasn't, it was just that my husband didn't bring the
documentation he should have) In other words, will the fact that I was at first
denied AOS (we were in the process of appeal when I decided to ask for a
divorce), and that we are getting a divorce "count against me" if I ever apply
for a fiancee visa in the future? (This time, as you recall, I didn't go the
fiancee visa route, I came here on a visitors visa.) And lastly, is there
anything I can do at this time to make sure everything is ok with the government
so as to improve my chances of getting a fiancee visa in the future, IF I do meet
another American that I would want to marry?
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