Legal Question in Immigration Law in California
inmigration or divorce before or after
I'm married to a US citizen we have lived together since 2002 got married in 2005 we are now separated because there was domestic violence and he has a drug problem, we have two children. Can I filled my I-360 before a divorce or needs to be after, because he have toll me that he can take my kids because I'm not legal but he was never a financial support for them, he also have said that if I filled divorce I will be sorry.
please give me an advise can I filled I-360 after a divorce or i need to wait.
2 Answers from Attorneys
Re: inmigration or divorce before or after
You can file the I-360 petition prior to getting a divorce. You can also file the I-360 within two years of divorce.
Re: inmigration or divorce before or after
You can file your I-360 now, whether or not you are divorced, okay! I would suggest, however, that you keep a little notebook of every incident that occurs, such as threats by your husband, refusal to pay support of any kind, any little detail that will demonstrate that he is a problem. For example, do you have any evidence of his drug problem? Is there any evidence of the domestic violence? Calls to police, pictures of bruises, etc. You can self-petition with no problem, but to obtain your green card, you have to have evidence that although you entered the marriage in good faith, and things have not worked out, you still deserve to get your lawful permanent residence. Thus, my answer is, you do not have to wait to get divorced or separated to file the I-360, okay! Go for it!
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