Paul Bradford

OK so heres my situation.

Im married to a US citizen Ive been married for nearly 2 yrs we have a daughter who is nearly 2 BUT after several months of fights (not physical) arguments and various disagreements my wife wants a separation, in fact she told me she wanted me to return to the UK.

Now heres the kicker, if I leave now I'll face a 10yr ban and wont be able to return to see my daughter. We were in the middle of applying for change of status, I finally found a sponsor and thought uor troubles were over then this. I was saving up to send off my I-145 with all my biographical sheets my medical, and what ever else is needed but now I dont know what to do. If we are going through a separation then I cant apply for the change of status based on being married to a US citizen, is there some other paperwork I could do instead that would allow me to stay in the US, get a green card and residential status, but not be married?

If there wasnt a child involved Id up and leave now...

Noorah101

Do a search on how to obtain your permanent residency through VAWA. Even though VAWA is the Violence Against Women Act, it applies to men as well. The violence does not have to be physical, it can be verbal. You might need to see an immigration attorney on this one, to get a good case going for yourself. Make sure to document everything.

Whatever you do, do NOT leave the USA.

Best Wishes,
Rene

Rete

Oh Paul, I'm sorry to read your post. How frustrated you must be. So close to filing and then to be asked to leave the family home.

I hate having to ask personal questions on an open forum but I'm wondering if not a lot of your marital problems aren't because of the inability to file sooner. I remember what our marriage and home was like for the first 8 months that my DH was here. Even with an EAD, he was unable to find a job in the computer field because of his age and he was like a bear who was woken up only a quarter of the way through hibernation.

Money issues can ruin a marriage faster than any other issue that I can think of. Even infidelity can be worked through if there is love and if trust can be re-established.

If that is the cause of most of the problem is it at all possible to have someone come and stay with your little one for the day and the two of you go off and talk quietly and sometimes not so quietly to clear the air. After all once you file you will have the EAD within 90 days and can start employment. This will get you out of the house, provide household funds, and do a lot to set things on an even keel.

Perhaps you can ask her to give the marriage another 6 months in view of this and file for the AOS asa possible.