QUESTION
What am I supposed to do after my marriage based i485 was denied?
Asked on Jun 16th, 2014 on Immigration - California
More details to this question:
I came with traveler visa and got married to my boyfriend that I dated over a year 2007. We couldn't tell our parents that we got married but some of our friends know this. We got the apartment and moved in together. Things went good but I couldn't apply for a green card then because he can't support me yet. I had to work really hard to pay for all the bills and for living. Around 2011, things changed. He moved back to his parent’s and tell me not to call or come to see him. The reason just because he doesn't want me to be around. I am only allowed to call him once a week. I can only see him twice a month. I have to take a taxi and go see him and if I don’t give him money, he wouldn’t talk to me for that week. We fight and have a lot of arguments. Not that he is hurting me physically but mentally for over a year. I have to live like that and hope that he will change but he's not. At the end of 2012, I decided to move on. I told him to get a divorce. I can't stand the way he treated me and things seem to be change again. He changed way better so I gave him another chance and this time we have enough money to apply for a green card so we filed paper on April, 2013. During our processing, I found out that he has another person and just a few months before interview, he told me that he doesn't want to do this anymore. He suck it up and went to the interview since our marriage is real but we did lie about us still living together. We didn't know the decision after an interview. On February 2014, the immigration came to the house and they went everywhere. They went to his parent’s house and found out that we weren’t together anymore. I decided to tell them the truth. I don’t want to keep on lying and I know he is not on my side. Now I'm getting a denied paper from the USCIS saying that my i485 is denied. I also got a letter saying that he withdrew some applications also. Please give me a suggestion thank you for your help.
3 ANSWERS
There is not much you can do. The I-485 was denied because the marriage is not bona fide, which it is not if you are not living together as husband and wife and he is not supportive of the process and has another person. So, you have no basis for the I-485. Your options are to leave the US, get divorced and get remarried and refile with a new spouse.
Answered on Jun 19th, 2014 at 7:57 PM
Immigration Attorney serving Torrance, CA
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Marie Michaud, Attorney At Law
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There is a option for abused spouse of US citizen which might help you. You need to show the following: 1. Valid legal marriage to an American citizen (USC) or green card holder (LPR) 2. Good faith marriage (you got married to be a couple, intended a life together) 3. Good moral character (little or no criminal history) 4. Lived together 5. USC or LPR spouse abused the Immigrant spouse. The petition is called VAWA (violence Against Woman Act). This petition can be filed while legally married ( even is separated). It can also be filed by a divorced immigrant spouse if the marriage was terminated for less than 2 years. Most amazing, this VAWA petition can be filed secretly (without the knowledge of the USC or LPR spouse. I hope this helps.
Answered on Jun 19th, 2014 at 7:57 PM
Business/ Commercial Attorney serving Bellevue, WA
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Lana Kurilova Rich PLLC
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You definitely need a lawyer in this situation. Perhaps you could be eligible for VAWA relief (violence against women act), but you have to sit down with an attorney to determine that. I do not believe that you can successfully handle this situation without legal help, unfortunately. You could try contacting the Northwest Immigrants' Rights Project for free legal help, but they do not accept every single case because their resources are limited.
Answered on Jun 19th, 2014 at 7:57 PM