Immigration Site

hi. i just got my denial letter dated 3/18 for both i130 and i485 due to abandonment. my husband did not show up with me at our interview on 2/8 because i just learned on 1/31 that he is a fugitive of the law which i totally was not aware of. he promised me though that he was gonna show up at the interview but on 2/5, 3 days before our initial interview, he left the house and never came back anymore. in short, he lied to me big time. so what happened was, i hired a lawyer to be with me on 2/8 explaining to the immigration officer that my husband is missing. i was given 60 days to locate him so on 2/10, USCIS sent me another interview letter for 3/16 but unfortunately, he is nowhere to be found anymore. on 3/15, i had my lawyer hand deliver the 2nd interview letter stating that i wont be showing up anymore on the 2nd interview because my husband could no longer be found and that i intend to file i360 as a battered spouse. on the i130 denial letter, it stated there that my husband cannot appeal the denial but can file for motion to reopen or reconsider however, it is not possible anymore knowing he left me already. on the i485 letter, it stated there that my EAD has been revoked. here are my concerns:

1) will i need to re-apply for EAD? it will expire on 12/20/11.
2) i am currently processing to file i360 and currently seeing a psychologist due to the mental stress brought about by the marriage. i intend to submit the whole packet within 30 days. will that save me from removal proceedings?
3) working without permission is being asked in the i360. i am very concerned because in the g325a form me and my husband submitted in our i130 packet, it was not declared because that was what my husband told me to do. if i correct it with i360, will that have a great impact on my application? i dont intend to mislead immigration, i just did not have a choice because my manipulative husband did all the work for me. what should i do for my i360 on this aspect? keep it consistent with my g325a as attached in the i130 packet? i did not pay taxes because i did not have an ss and i was paid cash.

sorry about the many concerns but i hope to get insights from you. thanks.

What does your lawyer say?

I can not be sure as I dont know all the details of your case but at this point

1. Your EAD has been revoked and you will not be able to renew it.
Your entire AOS case as spouse is dead in the water and everything connected with it does not exist for you anymore.

2. You will eventually be placed in removal proceedings due to the denial of your AOS application. You will have to get that packet in fast in order to get something in place before the 30 days expires but you will still not be able to get your EAD before your prima facie case has been established. This means you have to be able to show cause. Mental stress is not as strong evidence as physical abuse and the entire application may be seen as a way that you are trying to avert leaving the US. You could have filed the I-360 before and obviously you did not have a problem with the mental stress when you filed for the AOS as his wife. This is really sticky territory for you and consultation with a good lawyer may be in your best interest at this point.
Personally I think its a long shot.

3. Well you did mislead Immigration by stating, knowingly, that you did not work. This is called material misrepresentation and the result of which can cost you a lifetime ban from the USA. It may impact the application and it may not. If you were under cohersion from your husband then that would make sense with the Vawa case that you are trying to establish.

You need a lawyer. I wouldnt even be trying to do all this without a lawyer in your case especially with all the factors that may be to your detriment.

Did you tell the interviewer about being abused? If not, it would seem strange that you suddenly want to make this into a battered spouse case just because he disappeared.

I am seeing my lawyer today and will discuss further. I know immigration will look at it as a way for me to get the green card but unfortunately, I have been going through a lot of mental cruelty with my husband. Hiding the truth about who he really was is one. Lie is a big psychological abuse as the lawyer said. Now the burden of proof is all on me because he has never hurt me physically. I did not file for i360 before because as I mentioned earlier, he lied to me up to the very end. He misled me into believing he will be with me at the interview but to no avail. The manipulation he had over how I should fill up the AOS forms was an early sign of his abuse. I did voice out about my work history but I really did not have a choice. Saying something against my husbands will was putting my life at risk. Clearly, he has put threats on me that if I did not follow what he says, he will not come with me to the interview. And despite of it all, he still left. Now Im eventually facing deportation because of him. This I360 route is a way for me to tell immigration that I will come clean and tell them my story. He is my first husband and I am his first wife. I came to the US with good intentions. If I simply wanted my green card, I would have done it in 2005 and not be out of status for this long. Ill be 6 years here by June 2011.