I'm reading through all of the FAQs and read the information about how an alien can self-apply for AOS based on abuse. I'm confused. How can an alien do this? Don't they have to have proof? And what happens to the alleged abuser? I'm concerned about what I've read in other places and don't get how an alien can just say that were abused without proof. And I don't see who this doesn't hurt the USC.

If a USC finds out their alien spouse accuses them of abuse can't they fight back? or file some sort of papers as a rebuttal?

thanks for answering my qs/

I suppose there is a difference between claiming abuse for the purpose of a waiver to file adjustment of status versus filing suit against their husband (civil or criminal charge). The petitioner filing the waiver must show the marriage was entered in good faith and as well show proof of abuse (sworn statements from friends/family, police statements, etc)... The USCIS does not co-mingle with local civil authorities so someone falsely claiming abuse is more likely to have the USCIS deport them (or deny waiver) versus reporting an "alleged" abuse case. If there was proof then the spouse would need to bring that the the civil authorities. I hope that makes sense.

It makes some sense. Let me just clarify. I am the USC. My husband is the alien person. As I move forward with separating and divorce, I am curious if I need to be prepared for all possible scenarios including the possbility of the possible abuse card. And what the possible impact would be is the alien has already filed these papers?

Police report and other detailed dated documentation or eye witness would be needed, recording etc. but in some instances I guess they would take the word of an abused SO.

Contact MYSTERY on here, he can give you some very good advice or share with you what happened to him, very similar to what you are talking about. Good luck.

Southernchic,

Sad to say this but immigration won't tell you anything about his case once you and your Alien spouse separate. He can file the " Abuse Card " against you and immigration so far hasen't asked me for any evidence nor have they clarified that he indeed did file to stay here on grounds of me abusing him.

I think he did tho because if our divorce papers there was somthing that he filed with the court say that he didn't know anything about the I-360 until he went to the immigration office and they suggested to him to file a abuse report, and it's the same sceniro, he has no proof because I didn't do anything to him but be supportive. I do know that he went thru my phone book before he left and had the nerve to call one of my friends in San Dieago asking her to write him a letter for immigration saying how bad of a person I'm. LOL

Then during our divorce trail when he was on the witness stand he was sworn in to tell the truth and instead told many lies, I was floored.

So gear up girl, if you and him can't work it out just be prepared for him to bring out all the tricks , take some time and see what's required to claim an I-360 and watch your back because he may begin trying to fulfill those requirements as my ex did.

As you know it takes to people to make a marriage work, but if one partner isn't willing to work at it then u just have to do what u have to do to take care of you and your situation. Please feel free to e-mail me or pm me.

Immigration authorities who review these cases are not strangers to the situation. What normally happens is that the "battered" or "abused" spouse files a domestic violence claim, seeking a restraining order, and in most cases, the counterpart spouse does not object, appear or contest the proceedings. That stands as the ticket for the immigrant to get the adjustment of status under I-360. If the do NOT prevail in those proceedings, however, they do need some sort of evidence...police reports, photographs, something to show that there was some sort of abuse of violence.

But even that being said, unfortunately, immigration does give the immigrant a lot of leeway.

If they have gone to see an immigration attorney, and they did not go through with the domestic violence restraining order process, the immigration attorney will set them up with a psychologist, to deal with "post traumatic stress" secondary to domestic violence, and then the psychologist (who is basically a hired gun for the attorney) will write a report that the attorney will use as support for the I-360, saying how the poor immigrant was so traumatized and abused...held captive by the USC...not allowed to seek gainful employment...used as a sex slave...and on and on the story will go. Such a report WILL be entertained by the immigration court in its determination of whether the immigrant can obtain permanent status irrespective of the marital status which served as a basis for coming to the US.

Can the USC fight back? I think that, if you wrote to the immigration service where you had the interview and asked for the right to testify in the event that any proceedings arise under I-360, your letter would be permanently part of the immigrant's file, and you would be contacted about the situation. Again, the immigration people are not strangers to this, it happens quite frequently, and they are not inclined to put up with this kind of thing. So, any information to disallow this sort of stuff would be welcomed (or should be welcomed...).

Hey. thanks for the information. when my husband arrived, I NEVER applied for the AOS. He's only living in the US on his K-3 visa. At it currrently stands, I do not intend to help him apply for anything.

Before people try to jump down my throat, let me be clear. I'm not trying to be vindictive. I just want to end a relationship with someone who has taken advantage of my support and trust. I want to move on with my life. When the relationship is over I want to be able to walk away 100%.

The reason for asking question is because as I prepare to file divorce I just want to be aware of all possible angles and what to look out for if my husband attempts to do something shady.

Tito gave some really sound advice, what aTito mentioned is the exact steps my ex-husband took. but I have talked to a fraud immigration officer and he informed me that once a alien files a I-360 against the USC that any letters or offerings from that USC would not be considered in regards to their aliens case.

I like the advice to request to be at his hearing and I may even try that myself but the fraud officer says once the Alien files that I-360 they can no longer take into consideration what the USC spouse has to say.

The best thing is to get some of your friends to send the USCIS testimonies and letters in your behalf.
All information you provide them can't be used in consideration of the Aliens I-360.

Isn't that just crazy, it really puts the usc in a rough position.

During our divorce trail my husband testified that he had proof of the abuse and then said it was my kids but he knows they won't testify against their mom, I couldn't believe all the lies he came up with. Just be ready for any and everything.

I don't have anything to offer in terms of the immigrant claiming abuse. But I just want to let you know that you are in my thoughts and prayers. Don't worry about others possibly feeling that you are being vindictive. In my opinion, you are simply handling your business.

Wish you the best!

Chin up!

Boaz

Thanx!