QUESTION
If my I485 was denied, will I be able to go back to the US?
Asked on Jan 23rd, 2014 on Immigration - Texas
More details to this question:
My ex and I filed i485, i130 and i765 when we got married but he got so abusive after 10 months plus into marriage. He lost his job and had child support issues. I stuck with him but he started taking out his frustration on me so I decided to take a job offer in Texas and leave him. We communicated all the time but finally he asked me to move back or we end the marriage. I told him I will move back once I get a job because both of us cannot be out of jobs. During our issues, an interview letter was sent to our family house and he did not inform me because he had given me a mandate to return home. I was still working in Texas until one day he sent me my mails in Texas, and one of the mails was my 1485/i130 denial for failure to show up for interview and asking me to leave within 120 days. I filed for divorce and I am ready to leave within same 120 days. Will I be able to come back on a tourist visa? I am leaving finally on February 3rd and my 120 days expires on the 8th of February. I took so long to leave because he stopped taking my calls and went AWOL even his job was looking for him only to find out that he went to Tennessee and was stopped for running a stop sign and there was a warrant to arrest him. He was then arrested and locked up for child support issues. Well he just signed the papers on the 17th of January and the divorce lawyer just filed it in the county so now I'm ready to go home. Please help me.
1 ANSWER
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Law Office of Pho Ethan Tran, PLLC
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If your ex-husband ever physically abused you or subjected you to extreme cruelty, you may be able to petition for yourself under the Violence Against Women Act (VAWA). The petition is filed on form I-360 and can be submitted in conjunction with form I-485. You will also need to submit proof of the abuse to USCIS such as police reports, photos, affidavits, medical records, etc.
Answered on Jan 30th, 2014 at 4:28 AM