Legal Question in Immigration Law in California


I am well educated man from saudi arabia, never had a problem in my life, married a citizen on October 2012 , I applied for the green card and the work permit in January 2013 and I got the work permit in April .

In April 2 we went to the first interview and everything went okay but because we didnt tell the immigration that we moved ( because I didn't know I had to ) so they moved our file to the local immigration office where we live .

I have received the new interview letter which is in may 15th .

Her boss kicked her from job, that's why we moved and her friend told me that she's not honest with me and she has relationships with other men .

I discovered my wife is cheating on me with a married man i know, and when when i argued with her she flipped on me, she said that she will not go with me to the interview and she threatened me and asked me to give her 30 thousand in order to support me in the immigration stuff and she started to abuse me and treat me like crap .

I am very sad and depressed and I don't know any body here and what to do and I don't have the money to go to ask for help from an attorney .

After everything I did to her, I was really a good husband in every way . I lost my family back home because of this marriage .

I came to the country on 5yours visa and I came to visit only and she asked me to marry her, the immigration officer asked her in the first interview and she said she asked me ( I didn't know was she was planning to do ) .

this's my 9th month here .

Could u give me a quickly advice, I need it please, my interview is after 3 days only .

Smoothing inside me is telling me to go and tell my whole story to the immigration.... Do you think if I do so this would affect me ( she keeps saying that I will not be able to enter the country again ) ?

Or what I should do ?

With respect,

Asked on 5/12/13, 5:57 pm

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

You can file Form I-360 as a "battered spouse of a U.S. citizen". You should attend the interview & tell the Officer of your intent to file the I-360. Then you would have to subsequently do so with the appropriate Service Center. If the application is approved, then you could re-file for adjustment of status. If the application is denied, you would have to leave the country, unless you could find an alternative eligibility for remaining in the United States legally.

Since this type of case is complex and requires a lot of documentation, I would highly recommend seeking legal representation.

Otherwise, if you do not file as a "battered spouse", your wife can withdraw the I-130 & you would need to return home, or risk bring put in Removal Proceedings.

As far as your wife's threats, ignore them. If you depart the country now, you would be able to re-enter, as long as you have not accrued 181 days or more of illegal presence. Don't listen to her, seek assistance from an experienced Immigration Attorney. (And watch out for scams by "paralegal" offices & "immigration filing" offices- they do NOT know what they are doing).

Good luck!

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Answered on 5/13/13, 10:36 am

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