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  1. #1
    Join Date
    May 2017
    Posts
    1

    Post Can Your Spouse Still Obtain Permanent Residency if You File for Divorce

    I have been married for less than a year I am a us citizen I'm filing for my husband and my mother . However after I started his filing my husband have been verbally abusive . He moved in with me for less then three months and those were three months of hell .I became very suicidal I was uncomfortable in my own home. He finally left on December 16 2016 and he took all his receipt documents that we receive from uscis as well as the marriage license . He now lives in another state from me . he received his EAD in January . Even though he has a work permit my husband is working "under the table" I do not understand why and I do not want to get in trouble because of that we still waiting for interview however I am filing for divorce . He recently asked me for my tax document because I filed tax jointly I refused to give him any information because I do not trust him I am afraid . He response to me that I'm holding unto his info but I am not .I told him I wanted divorce. My question is if I withdraw from his filing would that affect my mother? And can he obtain a status adjustment without me? We haven't been to the first interview as yet and I do not plan on going what can I do ?

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Can My Husband Still Obtain Status Through Me Even Tho I Will Be Filing for Divor

    Note that there isn't always an interview. If you believe the marriage is not bona fide, you need to inform USCIS immediately. If you pretend that this is a bona fide marriage, not only could he be in trouble, so could you. Did you already fill out an I-864? You know you will be on the hook for that as well.

    Hopefully, you have an immigration attorney already. If not, you need one. You need to get him working on all this.

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