DIVORCE DOMESTIC VIOLENCE

[INDY COLTS 0]

I have a friend that escaped a bad sittuation with her husband, she is staying at our home. Her husband has filed for a divorce and she does not know what to do. He pulled a gun in a drunken rage and threatened to kill himself and she was scared that he was going to shoot her and her son. She called the police and the police did not really understand her because he did not speak spanish, later her and her husband started counseling sessions and during the sessions all the abuse was discussed, I told her she needs a copy of the police report and all records the counselor has. Can someone on this forum relate to her sittuation? She needs advise, LEGAL and immigration advise, I believe her sponsor is responsible for her under the K1-VISA OBLIGATIONS.

[Chica Yeyé 41]

What do do about what, exactly? Marriage wise, she should dump his brunken azz. Immigration wise:

Has she adjusted status already? Do tell so I can give more pertinent advise.

Asking a mdoerator to move this thread to Major Effects.

[INDY COLTS 0]

I have a friend that escaped a bad sittuation with her husband, she is staying at our home. Her husband has filed for a divorce and she does not know what to do. He pulled a gun in a drunken rage and threatened to kill himself and she was scared that he was going to shoot her and her son. She called the police and the police did not really understand her because he did not speak spanish, later her and her husband started counseling sessions and during the sessions all the abuse was discussed, I told her she needs a copy of the police report and all records the counselor has. Can someone on this forum relate to her sittuation? She needs advise, LEGAL and immigration advise, I believe her sponsor is responsible for her under the K1-VISA OBLIGATIONS.

What do do about what, exactly? Marriage wise, she should dump his brunken azz. Immigration wise:

Has she adjusted status already? Do tell so I can give more pertinent advise.

Asking a mdoerator to move this thread to Major Effects.

[Kathryn41 3,205]

moved from General Immigration Forum to Effects of Major Changes forum as more appropriate to get useful responses

[INDY COLTS 0]

She has completed all her paper work, the only thing is she still has at least a year before the 2 year waitng period is up for her permanent residence status. I believe once she gets a copy of her records from the counselor it will help her with the divorce and her immigration status because he has been threatning her with deportation since the day the police came to the house which is the same day she started staying at our house. I guess one of my main questions is under the K1-VISA sponsor responsibilities, if he is finacialy responsible while they are seperated. He has obtained a attorney and she can not afford one and he will not talk to her at al now every since he had the divorce papers delivered.

[Chica Yeyé 41]

She has completed all her paper work, the only thing is she still has at least a year before the 2 year waitng period is up for her permanent residence status. I believe once she gets a copy of her records from the counselor it will help her with the divorce and her immigration status because he has been threatning her with deportation since the day the police came to the house which is the same day she started staying at our house. I guess one of my main questions is under the K1-VISA sponsor responsibilities, if he is finacialy responsible while they are seperated. He has obtained a attorney and she can not afford one and he will not talk to her at al now every since he had the divorce papers delivered.

Please respond clearly: Does she have a 2 year greencard? If so, she can file for removal of conditions on her own once she divorces. If she does not have it, she is ina bit of a sticky; but can overcome with VAWA.

The sponsor's responsibilities do not entail alimony or even financial support. They are a contract between the sponsor and the US government, in case the immigrant (your friend) becomes a public charge. So no, he is not financially responsible for her in that sense.

And that azzhole -the husband- cannot "deport" her. What a jerk.

[INDY COLTS 0]

Yes she has her green card and her husband also is the sponsor for her son, I believe he is 2 years old, so if he can not have her deported then what are her options before the divorce and after the divorce. What if at this point without me and my wife's assistance she is unable to fully support herself and her son? If she is a public charge then what, I mean if she applies for food stamps or any type of government assistance?

Edited December 17, 2009 by INDY COLTS

[INDY COLTS 0]

VAWA and removal of conditions ? what is the best way for us to get help with this and is it better to seek help for these issues prior to divorce or after divorce?

[Carlawarla 1]

She's living with you and your wife right now? That's a good thing, if she's not in the home. She needs to have her police statements/records, and a copy of her counsellors notes will suffice for filing for VAWA. In the interim, she needs to seek legal advise and assistance, which she should be able to get from a Catholic Charities group in your area. There are several chapters depending on what area you live in. They will assist with free legal assistance and you should go with her to this appointment for assistance.

There are also pinned threads at the top of this forum for you to peruse on VAWA, divorce, and permanent residency.

Edited December 17, 2009 by Carlawarla

[sachinky 464]

If she has her conditional GC she can apply to remove conditions by herself. Ask her to go ahead and file for divorce--as long as she can show that she entered the marriage in good faith and had a bonafide relationship, she'll be good to go.

[INDY COLTS 0]

OK, thanks I will let her know, she is waiting for the counselor to get her copies of the counciling sessions.

[Anamaria2009 1]

You have 2 issues:

1. the divorce: she can represent herself, doesn't need a lawyer but because she doesn't know English too good - as far as I understand from your post - she needs somebody to help her with the paperwork. Go to the family court and see what papers have to be filed.

2. immigration: she has to get toghether all the documents that can proof a bonafide marriage. With these and the divorce decree she will file the I-751 during the 90 days previously to the expiration date of her green card. Proof of abuse might make a difference but if she has the divorce decree by then, all she has to prove is a bonafide marriage and the circumstances that surrounded the ending of the marriage. (see my profile for an index of documents for the I-751 application).

He cannot deport her but make sure you have this threats recorded/documented.

[Anamaria2009 1]

VAWA and removal of conditions ? what is the best way for us to get help with this and is it better to seek help for these issues prior to divorce or after divorce?

- vawa is for spouses trapped in an abusive marriage.... if she can get a divorce decree before her GC expires, then she only needs to file the I-751 when the GC is about to expire ... until then, no need to bother with USCIS.

[Chica Yeyé 41]

VAWA and removal of conditions ? what is the best way for us to get help with this and is it better to seek help for these issues prior to divorce or after divorce?

- vawa is for spouses trapped in an abusive marriage.... if she can get a divorce decree before her GC expires, then she only needs to file the I-751 when the GC is about to expire ... until then, no need to bother with USCIS.

If she gets a divorce, she does not need to wait until the 90 day window. It is recommended to file as soon as you have the divorce decree; especially in VAWA, since those cases take a bit longer to process.

Now, she can choose to use VAWA or simply file as divorced with a waiver. VAWA demands much more evidence than bona fide.