QUESTION
can my 11 year old daughter and I get our green card if my wife of 4 years refuses to file for us now we finally decide to move to the U.S?
Asked on May 03rd, 2022 on Immigration - New York
More details to this question:
I abandoned my teaching job back in the caribbean and my 11 year old Daughter and I moved here last July to join my wife and our 2 year old daughter. She refuses to sponsor either up to this point and refuses to assist us financially. I am here surviving on my savings from back home in the caribbean. we aren't allow to use her groceries or the spare room . We are left to sleep out in the living room. I feel mentally abused and wouldn't mind returning back to the caribbean however, considering that our visa has expired in january I am worried if I do we will be barred from returning anytime soon. So I am hoping there is a route where we can both be here legally and I can seek employment and help look after my kids . I also contacted USCIS in February requesting an extension since our visa expires in 2030 but ave overstayed but was told i was late .
2 ANSWERS
You and you daughter may apply for a green card under VAWA. It is a petiiton that may be filed by either man or woman. You will need to be a position to prove the reality of the marrriage. You can but don't have to divorce her too.
Answered on May 19th, 2022 at 11:44 AM
Both you and your daughter may qualify for a green card under the VAWA act. This is commonly known as the violence against women act, but either a man or a woman can apply for permanent residence if he or she can show that the other spouse either physically or emotionally and mentally abused the spouse seeking lawful permanent residence during the marriage. You should retain counsel to process your case for both you and your daughter.
Answered on May 03rd, 2022 at 3:21 PM