QUESTION
will i be deported if i divorce my us citizen husband?
Asked on Jul 10th, 2019 on Immigration - Connecticut
More details to this question:
I am an Albanian citizen who married a USA citizen and now I am here through a marriage visa. I took my conditional green card 3 weeks after I entered in the USA. My conditional green card expires on December 2020. I married him on December 2016, so 2 years and a half ago. The problem is that the marriage isn't going as we wanted to go. We cannot understand each other anymore, and he has told me that he doesn't love me anymore, which is very hard for me because I still have feeling for him but I also understand that I cannot spend my life with someone who doesn't appreciate me. He has hurt me so much mentally. He keeps offending me for the smallest things ,and his parents too. I have tried so hard to make him understand that I love him but he doesn't care. So I think the best thing to do is to ask him divorce, but I am scared because once he told me that if we break up he could send me back to Albania. Will the state deport me if we divorce? What shoud I do to stay here In USA?
1 ANSWER
You can remain in the USA despite that your husband and you will divorce but you will have to file a waiver (of the requirement that the 751 be jointly signed) on the grounds that you have been physically and emotionally abused which are grounds that you allege in your fact pattern. You should consult an experienced immigration attorney who can prepare your waiver application with documents including but not limited to psychiatric reports on the marital abuse, police reports of any domestic violence, witnesses who can substantiate the abuse etc etc. Counsel anywhere in the USA can represent you. Good luck.
Answered on Jul 11th, 2019 at 4:24 AM