Marriage dependent Green card application- living separately

[EmBlakey]

I finally left my now-ex because he was abusive for years. We have done everything for the adjustment of status except the final interview. I live 3hrs away with our children and he sees them some weekends.
is there any chance I can still get the green card? It’s based on his O1 status and me being married to him...
Also would claiming child support put the nail in the coffin? We haven’t taken any legal steps towards divorce. So far we are just living separately.

[NeneQE]

I highly recommend you consult a good immigration lawyer. You might have the option to file a VAWA application if you have strong evidence of spousal abuse eg. pics, texts, videos, etc. Living separately with a pending AOS complicates proving the legitimacy of your marriage. Again seek legal counsel to learn what options you have.

[manhattanite]

I highly recommend you consult a good immigration lawyer. You might have the option to file a VAWA application if you have strong evidence of spousal abuse eg. pics, texts, videos, etc. Living separately with a pending AOS complicates proving the legitimacy of your marriage. Again seek legal counsel to learn what options you have.

OP’s not eligible for VAWA as the abuse was not perpetrated by a USC or LPR spouse. Per the post, the partner is adjusting from O-1 status. I assume as long as they have not finalized their divorce, OP will receive GC as a derivative beneficiary.

[Tezza]

You should definitely consult with an attorney. This type of situation can get complicated very quickly, especially since your spouse isn't a citizen or LPR. You are both still married which is good, but if you're staying married because it's easier on your application, then you're risking fraudulent behavior.