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AOS/130 marriage, but abusive relationship

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Filed: Citizen (apr) Country: Brazil
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Please bear with me, as I'm writing on behalf of a family member.

1 year ago yesterday, she got married. She was a couple of months pregnant at the time, and they now have a little baby girl. It has been an extremely hard year for her, as he has been cheating, has been mentally and verbally abusive, and has begun to become physical as well.

She has not filed for AOS because he refuses to sign. He has thrown her paperwork in the trash, has said he will never sponsor her, and wants her to be deported so he could keep their daughter.

Is there any way to still file for AOS without his signature? Or somehow get a kick start on things?

03/13/2011: Got married! <3
06/06/2011: Mailed packet included I-130, I-485, and I-765.
09/16/2011: Green Card Received!

-----------

07/27/2013: I-751 packet sent.

11/19/2013: Approved! Card Production.

------------

2/2015: Naturalization

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Filed: Citizen (apr) Country: Brazil
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But is this process even doable?

He spends all of the money they have, so it'd be really tough for her to get to a lawyer only for them to say "nah, you're SOL."

i suggest to contact a Lawyer .

03/13/2011: Got married! <3
06/06/2011: Mailed packet included I-130, I-485, and I-765.
09/16/2011: Green Card Received!

-----------

07/27/2013: I-751 packet sent.

11/19/2013: Approved! Card Production.

------------

2/2015: Naturalization

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Filed: Citizen (apr) Country: Argentina
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**Post moved from AOS from family visas to Effects of Major Family Changes on Immigration Benefits where these topics are often discussed

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Filed: Country: Vietnam (no flag)
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Hi,

If he is physically abusing her, then she needs to contact the police, file for divorce, file for a restraining order for herself and her child, and move herself and her child out of the house.

She can self-petition under the VAWA. She will need evidence of the abuse; hospital records and police reports. It can't be her words alone. He will not be notified that she filed.

Best of luck.

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She can get a pro bono lawyer if she has no income at least in RI....find out in her state which agency can help her she will need yo move if shes in an abusive relationship there are shelters that will take her in with her baby. (If she has no family). She can the see about the vawa route but dhe will need proof of the abuse pictures hospital records police reports if any.

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Filed: Citizen (apr) Country: Brazil
Timeline

The physical abuse just happened yesterday, but it was really only a matter of time. She sent me pictures, and she recorded the conversation where he threatened to choke her.

There are no police records, and she's afraid to do that because of custody issues, immigration, and for fear of what he will do.

We will look into VAWA. Thank you!

03/13/2011: Got married! <3
06/06/2011: Mailed packet included I-130, I-485, and I-765.
09/16/2011: Green Card Received!

-----------

07/27/2013: I-751 packet sent.

11/19/2013: Approved! Card Production.

------------

2/2015: Naturalization

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Filed: Country: Vietnam (no flag)
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If she does not go to the police, she will not be successful with a VAWA case.

The police does not care about her immigration status.

If it's just a matter of time, then calling the police would be the right move.

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Filed: Timeline

Please bear with me, as I'm writing on behalf of a family member.

1 year ago yesterday, she got married. She was a couple of months pregnant at the time, and they now have a little baby girl. It has been an extremely hard year for her, as he has been cheating, has been mentally and verbally abusive, and has begun to become physical as well.

She has not filed for AOS because he refuses to sign. He has thrown her paperwork in the trash, has said he will never sponsor her, and wants her to be deported so he could keep their daughter.

Is there any way to still file for AOS without his signature? Or somehow get a kick start on things?

yes it is possible. there is something called vawa. look up i-360. it only applies if u had abusive relationship. if you go this route you dont need any sponsorship or i864 affidavit of support. all you need is a marriage certificate. some evidence of abusive relationship and you can get your green card in 6-8 months

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Filed: Citizen (apr) Country: Brazil
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yes it is possible. there is something called vawa. look up i-360. it only applies if u had abusive relationship. if you go this route you dont need any sponsorship or i864 affidavit of support. all you need is a marriage certificate. some evidence of abusive relationship and you can get your green card in 6-8 months

The physical abuse has only been once. She has evidence of that, but I feel like it just isn't enough. he's more of the emotional abuse and manipulation. Does this count??

03/13/2011: Got married! <3
06/06/2011: Mailed packet included I-130, I-485, and I-765.
09/16/2011: Green Card Received!

-----------

07/27/2013: I-751 packet sent.

11/19/2013: Approved! Card Production.

------------

2/2015: Naturalization

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Filed: Citizen (apr) Country: Canada
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Did she call the police, her own pictures will not work.

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First concern should be her safety and that of the child, call the police, have HIM removed from the house and file a restraining order against him. Look in the yellow pages find an abused woman agency and get professional legal advice at no cost

 

 

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The physical abuse has only been once. She has evidence of that, but I feel like it just isn't enough. he's more of the emotional abuse and manipulation. Does this count??

Abuse and only do not belong in the same sentence my friend , i pray that this will work out for her and her baby

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- K1 Visa Timeline -                                                                            - AOS Timeline -

August 25, 2015 - i-129F filed via USPS!                                                                        March 22, 2016 - SSN Application (bring passport and i-94 prinout)

August 27, 2015 - NOA1                                                                                                 March 28, 2016 - SSN Card Received

August 31, 2015 - NOA1 Hardcopy Received                                                                   March 28, 2016 - CIVIL Wedding Ceremony!

September 23, 2015 - RFE Received                                                                              April 12, 2016 - Certified Copy of Marriage Certificate received!

September 27, 2015 - RFE Sent to CSC                                                                         April 18, 2016 - Filed AOS via USPS

October 7, 2015 - NOA2 / our case was approved!!                                                        April 20, 2016 - AOS Delivered!

October 10,2015 - NOA2 Hardcopy Received                                                                 April 26, 2016 - went back to SSA to have my card name changed!

November 12, 2015 - received NVC email that case ready for interview                         April 29, 2016 - received 3 NOAs i-485/i-765/i-131 from the mail! (April 25, 2016 Notice Date)

December 8, 2015 - SLEC Medical but failed on CXR had to do sputum tests!                May 14, 2016 - received mail for Biometrics Appointment Letter (dated May 26, 2016)

December 14,15,16 2015 - went back to SLEC for Sputum Tests!                                   May 26, 2016 - Biometrics done!

December 18, 2015 - Initial sputum tests done! Results are negative                             June 3, 2016 - per case status online i-485 "Ready to schedule for interview"

February 10, 2016 - received email from SLEC sputum tests negative                           July 5, 2016 - 1st SR for EAD (75th day from the received date)

February 17, 2016 - SLEC medical done!!!                                                                       July 16, 2016 - recieved an email EAD case is under review

February 23, 2016 - USEM interview approved! The CO has only 3 questions! LOL        July 22, 2016 - 2nd SR for EAD (92nd day from the received date)

March 4, 2016 - K1 visa packet received!!                                                                      August 2, 2016 - EAD status changed to New Card is being produced

March 8, 2016 - CFO seminar done                                                                               August 3, 2016 - EAD/AP status changed to CASE was APPROVED!

March 19, 2016 - arrived at my POE Los Angeles                                                          August 9, 2016 - EAD/AP combo card received!

                                                                                                                                     September 28, 2016 – Case status changed to “Schedule for interview”

                                                                                                                                     October 28, 2016 – Interview day!
                                                                                                                                     November 2, 2016 – received RFE (IO wants all pages of Form I-693 to be filled out by CS)
                                                                                                                                      November 12, 2016 – RFE response sent!
                                                                                                                                      November 22, 2016 – AOS APPROVED!!

                                                                                                                                      December 2, 2016 – 2 year conditional green card received!

God is Good, All the Time.. :goofy: :rolleyes:

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Filed: K-1 Visa Country: Morocco
Timeline

Have her Call legal services in her state. Every state has a legal services that is there to help low income (or no income) people with civil cases such a divorce. They can in turn recommend an immigration attorney that will help pro bono. Have her save anything and everything he uses as abuse. Texts, emails, record his voice. Record him as long as her state is a one party concent state. Here is the link to check that https://www.mwl-law.com/wp-content/uploads/2013/03/LAWS-ON-RECORDING-CONVERSATIONS-CHART.pdf

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