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VisaJourney.com > General Family Based Immigration Topics > Effects of Major Family Changes on Immigration Benefits

looking_up
Hi I was hoping that somebody could help me help a friend. I have a friend she is from the philippines. She married a man from Californina. They have been together for a 1 year and a half. They have a kid together. He is a acholic and is starting to get physically abusive. He always threatens that he will take there kid from her and have her deported. My question is what legal rights does she have?, What should someone in this situation do.

Any help would be greatly appreciated.
charlesandnessa
moved to this forum as i think it will get more attention and better answers good.gif
diadromous mermaid
QUOTE(looking_up @ Apr 30 2008, 01:51 PM) *
Hi I was hoping that somebody could help me help a friend. I have a friend she is from the philippines. She married a man from Californina. They have been together for a 1 year and a half. They have a kid together. He is a acholic and is starting to get physically abusive. He always threatens that he will take there kid from her and have her deported. My question is what legal rights does she have?, What should someone in this situation do.

Any help would be greatly appreciated.


In a family court, she has the same rights as her USC husband. In other words his threats are just that, threats. Mind you this is not a situation that is healthy for her, and if she feels the marriage is irreparable, she can petition to divorce and preserve her PR here in the USA, so long as she can demonstrate with evidence that the marriage was bonafide.
Nutty
The wife should document the abuse and contact some assistance group for abused women. If the abuse get physical, seek a shelter.

If the man can not stop his drinking and abuse continues, she could leave the marriage and possibly stay in the country anyway. She only needs to prove she entered into the marriage on "good faith" and there is a record of the her husband having a drinking problem and being physically abusive.

By record, I mean, confirmation/documentation the foreign wife made police report of abuse, looked for help with a woman's group, applied to go to marriage counseling or alcohol intervention.
caybee
Does the wife have a green card?
Haole
QUOTE(Nutty @ Apr 30 2008, 08:41 AM) *
The wife should document the abuse and contact some assistance group for abused women. If the abuse get physical, seek a shelter.

If the man can not stop his drinking and abuse continues, she could leave the marriage and possibly stay in the country anyway. She only needs to prove she entered into the marriage on "good faith" and there is a record of the her husband having a drinking problem and being physically abusive.

By record, I mean, confirmation/documentation the foreign wife made police report of abuse, looked for help with a woman's group, applied to go to marriage counseling or alcohol intervention.

The wife should document the abuse and contact some assistance group for abused women.
When the pinay took her CFO she should have been given numbers to call in these types of circumstances.

More and more cases like this as time goes on.
Unless the wife has done something illegal or immoral the hubby can't do much of anything about getting her deported if she has documentation of abuse.
WideAwakeInTheUSA
If he's abusing her she needs to get out. As was suggested before, she should contact a Women's shelter or something of the like. He needs rehab and AA, or a good a$$ kicking.
WideAwakeInTheUSA
She should contact someone from this organization:

http://www.al-anon.alateen.org/

Chances are they can steer her in the right direction.
looking_up
Sorry it has taken so long to get back but I have been out of town.

Thank you for everybodys help, I appreciate it. I have given her the link so that she can check it out and maybe ask questions.
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