I came to USA in 2010 on a K-1 fiance visa, married my USC husband. Last march we filed for my "green card", or adjustment of status (AOS), to conditional permanent resident, and also my EAC, employment authorization card. I received it in April and began working. BUT.. I never really intended to stay with my husband long, only until I get my permenant residency. I had told him this many times when angry. Now our relationship has gone to heck. We fight all the time. There have been cops called many times. I've been placed in the psyc ward by cops on 3 times, twice for threatening to them to kill myself, once for actually slicing my arm open.
We had been scheduled to appear for my green card interview in Jan. but we missed it since we're out of state working. On Feb 8 I received a letter from USCIS saying im now illegal and my work card is cancelled. But I contiued to dance at my club, since they didn't ask. A month ago we had a huge fite because of my job, i'm a stripper and sometimes prostitute thru men I meet in the club where i dance. My husband goes nuts from their texts and calls to my cell. Our fite ended up us both wrestling and me getting bruised up as we both fell over furniture, etc.. tho he didnt actually hit me. I scratched him up good with my sharp nails. I called cops and filed charges. He declined to press charges when asked by cops due to his bloody wounds. He was charged with felony aggravated assault/bodily injury. He spent 4 nites in jail until i bailed him out. A 60 day restraining order was placed on him by the judge, not by me, but we violated it by continueing to live together since I cant drive yet, and we wanted to be together. Last week I testified to the grand jury at his inditment trial that I wanted to stay with him and work it out, and that I wanted charges dropped. I also filed an "affidavit of non-prosecution" to drop charges against him and asked judge to lift the temporary restraining order so we could be together legally. They refused and indited him anyway.
Now he has again left me and gone to another city. We had another fite about my customers and he showed my boss at the strip club the letter from USCIS stating i am now in the USA illegally and my work card has been canceled. I got fired and now have no job. I know he doesn't want to divorce me but I am considering trying to file on my own using VAWA, violence against women act. But I've got lots of questions.
1) In texas, if i file for divorce theres a 60 waiting period before a judge will grant it. If I try to file for AOS using VAWA how long will I have to wait until I get an employment card?
2) I stupidly admitted to the cops I was a hooker and asked them how cops would go about proving it in court. They said they basically need to see money change hands or its very difficult to prove. But they know I'm a stripper and hooker. I actually had given the two cops who took me downtown for questioning lap dances a month ago when they were in the club! Would they also try to file charges against me?
3) If I file using VAWA do I need to first be legally divorced before I file?
4) How long will it take for me to get AOS after I file?
5) What about the marrying with good intentions part? My husband mite say in court I married him only to get into USA.
6) What about the "good moral character" part? Is being a stripper a factor? Is being an occasional hooker which no one can prove? (but what about me admitting to cops I hook?)
7) When they arrested him they took our calender books from the last two years as evidence. Inside is detailed every dollar I made dancing and ALSO who I had paid sex with. He's worried they mite be building a case of pimping against him. I'm worried they mite be building a case against me and deny my AOS even thru VAWA. Are these reasons to worry for either of us? I met and scheduled all my guys on my own.
8) Yesterday he faxed me a new letter he/we received at home from the USCIS saying my biometrics appointment is on friday in our home states capital. He wants me to fly there soon to go to it, and try to work out our marriage. I'm considering NOT going and just let USCIS judge our application abandonned for the secong time. If I no-show again how will that affect my filing on my own thru VAWA?
9) If I am made to testify in his assault court case and I say things opposite of what I told the grand jury, will that help his plea of innocence? How would that affect my chances of getting AOS using VAWA?
PS, I have no criminal record and he only has a class B misdemeanor charge from 15 years ago which was thrown out of court.
Can anyone give me some detailed answers/advice fast?
We had been scheduled to appear for my green card interview in Jan. but we missed it since we're out of state working. On Feb 8 I received a letter from USCIS saying im now illegal and my work card is cancelled. But I contiued to dance at my club, since they didn't ask. A month ago we had a huge fite because of my job, i'm a stripper and sometimes prostitute thru men I meet in the club where i dance. My husband goes nuts from their texts and calls to my cell. Our fite ended up us both wrestling and me getting bruised up as we both fell over furniture, etc.. tho he didnt actually hit me. I scratched him up good with my sharp nails. I called cops and filed charges. He declined to press charges when asked by cops due to his bloody wounds. He was charged with felony aggravated assault/bodily injury. He spent 4 nites in jail until i bailed him out. A 60 day restraining order was placed on him by the judge, not by me, but we violated it by continueing to live together since I cant drive yet, and we wanted to be together. Last week I testified to the grand jury at his inditment trial that I wanted to stay with him and work it out, and that I wanted charges dropped. I also filed an "affidavit of non-prosecution" to drop charges against him and asked judge to lift the temporary restraining order so we could be together legally. They refused and indited him anyway.
Now he has again left me and gone to another city. We had another fite about my customers and he showed my boss at the strip club the letter from USCIS stating i am now in the USA illegally and my work card has been canceled. I got fired and now have no job. I know he doesn't want to divorce me but I am considering trying to file on my own using VAWA, violence against women act. But I've got lots of questions.
1) In texas, if i file for divorce theres a 60 waiting period before a judge will grant it. If I try to file for AOS using VAWA how long will I have to wait until I get an employment card?
2) I stupidly admitted to the cops I was a hooker and asked them how cops would go about proving it in court. They said they basically need to see money change hands or its very difficult to prove. But they know I'm a stripper and hooker. I actually had given the two cops who took me downtown for questioning lap dances a month ago when they were in the club! Would they also try to file charges against me?
3) If I file using VAWA do I need to first be legally divorced before I file?
4) How long will it take for me to get AOS after I file?
5) What about the marrying with good intentions part? My husband mite say in court I married him only to get into USA.
6) What about the "good moral character" part? Is being a stripper a factor? Is being an occasional hooker which no one can prove? (but what about me admitting to cops I hook?)
7) When they arrested him they took our calender books from the last two years as evidence. Inside is detailed every dollar I made dancing and ALSO who I had paid sex with. He's worried they mite be building a case of pimping against him. I'm worried they mite be building a case against me and deny my AOS even thru VAWA. Are these reasons to worry for either of us? I met and scheduled all my guys on my own.
8) Yesterday he faxed me a new letter he/we received at home from the USCIS saying my biometrics appointment is on friday in our home states capital. He wants me to fly there soon to go to it, and try to work out our marriage. I'm considering NOT going and just let USCIS judge our application abandonned for the secong time. If I no-show again how will that affect my filing on my own thru VAWA?
9) If I am made to testify in his assault court case and I say things opposite of what I told the grand jury, will that help his plea of innocence? How would that affect my chances of getting AOS using VAWA?
PS, I have no criminal record and he only has a class B misdemeanor charge from 15 years ago which was thrown out of court.
Can anyone give me some detailed answers/advice fast?