QUESTION
Can i still apply for a green card without my US citizen spouse agreed being married for 4 years but am separated and about to get a divorce
Asked on Aug 27th, 2015 on Immigration - Michigan
More details to this question:
My wife didn't help me. The whole 4 years we've been married she didn't want to help me get legal. We have a child together. She was abusive and now she is not even letting me see my son. I have to go to court to fight for custody and I'm a little concerned that my legal status might get in the way. I spoke with a lawyer who suggested VAWA but another person told me there was a way to go in front of a judge and state your case and get a green card because of the fact that I've been married for 4 years to an American citizen, have a child, aside from being here for over 17 years, going to school, graduated, no criminal record whatsoever, came here when i was 12. I know I'm a perfect candidate for DACA, i am well aware of that. But what about my son? And what about the 4 years I've wasted with the wrong woman? Isn't there a faster way to get this done? I appreciate any helpful advice. Thank you
1 ANSWER
U.S. Immigration and Nationality Law Attorney serving San Diego, CA
Partner at
Kazmi & Sakata
1 Award
Yes, your best option would be VAWA. It may also depend on how you entered the US when you were 12. Your child can come under VAWA because you were married before the child was 18. You would need proof of the abuse also (physical or mental). Let me know if you need more information or assistance.
Answered on Aug 28th, 2015 at 11:50 AM