Legal Question in Immigration Law in Illinois

i am a fiance visa and i get married to my petitoner after a months later he change his attitude change he doesnt want to process my papers for the green card coz he said he dont have money yet he just want me to take care of his dogs.he care about his dogs than me and he keeps telling me that if im going to walk out to his hause his going to call immigration and tell them that i walk and we are separated now i walk out the time his gone his working.what is the best thing to do?can is still change my status without him is that possible?or shall i divorce him and get married again to other person?what if i get married to other us citizen can i change my status with that?thanks

Asked on 3/05/15, 5:39 pm

2 Answers from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

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If you entered on a "fiance visa" & your husband doesn't go forward with filing the I-130 petition for your greencard case, then you absolutely must leave the country. USCIS will not allow you to adjust status, even if you subsequently marry another U.S. citizen.

There is case law allowing the foreign spouse to adjust, where the husband already filed the I-130 petition (& the wife filed her adjustment of status) & they split up after the case was filed, but before the interview. However, that is not the case in your situation.

If you have been physically or psychologically abused by your U.S. citizen spouse, & can prove it through written documentation, witness testimony, police/doctor reports, etc., then you have the opportunity to file as a "Battered Spouse", but that does not seem to be the case, based on the facts you provide.

Answered on 3/05/15, 6:12 pm

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