Please, i need help as soon as possible!!!!!!

[LEEE]

I came to US by k1 visa. We get merry within 90 days. My visa done now. I stay without status. I have not SSN number, insurance,nothing. My husband all time change his mean. First time wants send documents for green card after them wants divorce. I do not know what can i do. I live like plant. Can not go to driving school, can not go to work. Every where need SSN. How long i can stay in US without status after visa done? How possible take divorce? How long wait divorce? I do not need from him nothing!!! I do not want have problems with law. I can back to home but afraid that in my country i will newer get divorce from him. He do not care about documents. I want to back to US but afraid that will not do it because by documents i will still merry with my husband. Please, maybe somebody can help me.

[PraetorianXI]

You can not stay in the USA. There is NO way for you to get your GC unless it is through your spouse. Speak to a divorce attorney and go home.

[C4us]

Is he being physically abusive? If so, call the police and have they take you to your local domestic violence shelter. They can assist you both with a divorce and perhaps assistance with your green card.

If he is not physically abusive, go to your local Catholic Charities. You do not have to be Catholic to receive assistance from them; they provide many services to immigrants of all religious faiths.

[txh1b]

Actually, there is some hope. This person could file for a LPR status based on if she entered on a K1 visa.

A recent court ruling in Choin Vs Mukasey would help people in such situation. Though it may not directly apply to the case here, posting for future reference.

http://www.ca9.uscourts.gov/ca9/newopinions.nsf/659348F3673E6510882574A20080F537/$file/0675823.pdf?openelement

The law allows a Conditional LPR to file the I-751 without the U.S. citizen, if divorced, based upon proof that the marriage was entered into in good faith.

Petitioner came into the U.S. on a K "fiance" visa, married her U.S. citizen fiance, and filed an application to adjust status to lawful permanent residence. Five days short of two years later while still waiting for her adjustment interview she was divorced from her U.S. citizen husband. INS then denied her adjustment application and instituted removal proceedings. The 9th Cir. held that the language in INA § 245(d) that the AG "may not adjust . . . the status of a (K visaholder) except to that of an alien lawfully admitted to the U.S. on a conditional basis under section 1186a of this title as a result of the marriage of the nonimmigrant . . . to the citizen who filed the (K visa petition)" means petitioner here did not still need to be married to the citizen who filed the K visa petition and was eligible for adjustment. The court accorded the BIA decision here Skidmore rather than Chevron deference since it was an unpublished opinion and the BIA offered little explanation for its decision that 245(d) required the petitioner and K visaholder to still be married at the time of the adjustment interview.

[PraetorianXI]

Actually, there is some hope. This person could file for a LPR status based on if she entered on a K1 visa.

A recent court ruling in Choin Vs Mukasey would help people in such situation. Though it may not directly apply to the case here, posting for future reference.

http://www.ca9.uscourts.gov/ca9/newopinions.nsf/659348F3673E6510882574A20080F537/$file/0675823.pdf?openelement

The law allows a Conditional LPR to file the I-751 without the U.S. citizen, if divorced, based upon proof that the marriage was entered into in good faith.

Petitioner came into the U.S. on a K "fiance" visa, married her U.S. citizen fiance, and filed an application to adjust status to lawful permanent residence. Five days short of two years later while still waiting for her adjustment interview she was divorced from her U.S. citizen husband. INS then denied her adjustment application and instituted removal proceedings. The 9th Cir. held that the language in INA § 245(d) that the AG "may not adjust . . . the status of a (K visaholder) except to that of an alien lawfully admitted to the U.S. on a conditional basis under section 1186a of this title as a result of the marriage of the nonimmigrant . . . to the citizen who filed the (K visa petition)" means petitioner here did not still need to be married to the citizen who filed the K visa petition and was eligible for adjustment. The court accorded the BIA decision here Skidmore rather than Chevron deference since it was an unpublished opinion and the BIA offered little explanation for its decision that 245(d) required the petitioner and K visaholder to still be married at the time of the adjustment interview.

It is not clear whether the OP ever received her Conditional GC or not... but from her "not having a SSN" my guess is NO. She has NOT filed and has been approved for her I-485 and thus... the only way for her to obtain a GC is through her USC Hubby... no I-751 or nothing.

[txh1b]

It is not clear whether the OP ever received her Conditional GC or not... but from her "not having a SSN" my guess is NO. She has NOT filed and has been approved for her I-485 and thus... the only way for her to obtain a GC is through her USC Hubby... no I-751 or nothing.

Agree. That's why I said "Though it may not directly apply to the case here, posting for future reference."

[C4us]

Whatever she does requires the services of an attorney. OP, check back if these groups cannot assist you.

[txh1b]

One interesting thing about the Choin case is that she did not get the conditional green card approved before the divorce as well. She had just applied for it and got divorced before the conditional GC got approved and before completing the 2 years of marriage.

The factual background of the case section in the link I posted has the details.

If OP can get the application in for a GC, may be there is hope with the right attorney involved as that can be used as a precedent.

[RickW]

Awww I'm very sorry to hear about this. It makes me sad.

What a jerk for dragging you around with intent just to divorce...

[donnaross]

sorry for that..

he's *******! well i'm k1 visa too and if i were in your situation i will ask my Consulate here in US for a help and i will tell them the truth.so they can help me send back home...goodluck