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whitepearl

divorce....calling 911

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Filed: K-1 Visa Country: Philippines
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hi,i got a concern now coz my husband and his family is sending me home without my consent...our marriage is not in good faith, he's having an affair with other woman and its like they are throwing me up...they took all the paper works from me ,the mariage license,they cut my phone,accounts, and all the paper works...and even my conditional green card,but i dont give it to them...we ended up calling 911 becaus they're chasing me already...would u think i can still file for a removal of condition?what are the documents i will be needing?...how will i use the waiver in the removal of conition?

thank you so much in advance

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Filed: K-1 Visa Country: Philippines
Timeline

hi,i got a concern now coz my husband and his family is sending me home without my consent...our marriage is not in good faith,his mom is dictating my husband to do this and that,his mom is destroying my reputation to ther people, he's having an affair with other woman and its like they are throwing me up...they took all the paper works from me ,the marriage license,they cut my phone,accounts, and all the paper works...and even my conditional green card,but i dont give it to them...we ended up calling 911 because they're chasing me already...would u think i can still file for a removal of condition?what are the documents i will be needing?...how will i use the waiver in the removal of condition?...do i need to file a divorce now or just wait him to file the divorce?please help...we got married in arizona and our marriage last only for 10 months...

thank you so much in advance...

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Filed: AOS (pnd) Country: India
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I don't know much about how to self-petition but perhaps you can, look over this page: http://www.***removed***/greencard/***removed***/remove-conditions-marriage-permanent-residence.html and http://www.womenslaw.org/laws_state_type.php?id=10270&state_code=US

Both an immigration and divorce lawyer could probably help you now.


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Currently: Refiling :(

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Oh, sorry to hear that.

Yes for sure, if you called 911, you can apply for remove your condition. uscis

According to this link "You entered into a marriage in good faith, but either you or your child were battered or subjected to extreme hardship by your U.S. citizen or permanent resident spouse"

of course, i am understanding that when you said that "our marriage is not in good faith", and base in what you wrote, what you really mean, is that your husband has been unfair . which is a totally different thing. because if your marriage has been based in something different than "good faith" you would be in troubles.

I really advice you, to try to find any help talking with an paralegal or a lawyer to avoid any kind of misinterpretation base in an idiomatic problem. But go ahead because the Law is on your side.

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Filed: K-1 Visa Country: Philippines
Timeline

Oh, sorry to hear that.

Yes for sure, if you called 911, you can apply for remove your condition. uscis

According to this link "You entered into a marriage in good faith, but either you or your child were battered or subjected to extreme hardship by your U.S. citizen or permanent resident spouse"

of course, i am understanding that when you said that "our marriage is not in good faith", and base in what you wrote, what you really mean, is that your husband has been unfair . which is a totally different thing. because if your marriage has been based in something different than "good faith" you would be in troubles.

I really advice you, to try to find any help talking with an paralegal or a lawyer to avoid any kind of misinterpretation base in an idiomatic problem. But go ahead because the Law is on your side.

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look in the phone book for domestic violence shelters or wemons shelter and they will help you or at least point you in the right direction. H

Since you called 911 did anyone get charged with domestic violence. If your husband did then you can self petition to get condition removed. I would definately see the advise of a professional divorce and immigration lawyer. Remember he signed a Affidavit of Support and your husband is legally liable for 125% of the poverty line of support.

Please get some help.

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Hi

I really think that you can go ahead with your removal condition. You dont need to have a child. Based only in what you said If you have been betrayed this is enough to file for the divorce and in your case is not only a betrayal problem, he also wants to force you to leave the home and want to manipulate you taking your personal papers. even your ID. It is a way to protect you against people that want to abuse you base on your immigrant condition.

Of course, if your marriage, at least on your side has been made based in a "good faith" and you can find a way to probe that. you can file your removal petition after your divorce.

I think you need to contact any kind of legal advice, to help you in the process. I think that when you called 911 it placed a proof that allow you to find your divorce. ( i am not an expert ).

So you need your get divorced and then you file your removal.

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OK here is a link for women subjected to domestic violence and abuse in Michigan womens shelters and assitance

Go to one of them they will help you get on your feet. Call the police now because they have to give you your green card and paperwork! They have no right to hold those documents from you and chase you around doing these things, you are not their property or their slave. If you need more help you can schedule an infopass appointment at the Detroit office and explain to them your situation, they can tell you all of the paperwork you need to file, be sure to bring the police report with you to the infopass appointment. File for divorce as soon as possible because the sooner you file the sooner you can get rid of him forever.


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Touched 7-23-2010

Touched 7-26-2010

Interview letter recieved 10-13-2010

Interview date 11-5-2010

Approved and approval letter given at interview 11-5-2010

Waiting on card now

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Filed: K-1 Visa Country: Philippines
Timeline

should i be the one to file the divorce or just wait for him to do it?... i am afraid too that his mom will mess up my social security,because the mom already call my work this morning and tell my employer that i already move to other state...i am planning to get restraining order from the court to protect myself from them,would this be a good move?

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Filed: Citizen (pnd) Country: Indonesia
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Oh I am so sorry that this is happening to you. Yes, the first thing you should do is take care of your safety and well-being.

It doesn't matter that you don't have kids together. As long as you married him in good faith, meaning you didn't marry him only for immigration purposes, then you are in the right and can remove conditions on your own. They cannot just force you to leave.

By the way, you should be able to get another copy of your marriage certificate from the town/city hall that you got it from.

Stay strong!


AOS 05/08/10 - sent05/14/10 - receipt date on NOAs - transferred to National Benefits Center06/14/10 - Biometrics Done - Lawrence, MA (original appt)07/26/10 - Interview - APPROVED!!07/30/10 - Welcome letter rec'd (notice date: 07/26)08/05/10 - Green Card (&EAD) Received! - 2 months and 28 days total!ROC 04/28/12 - ROC package sent05/03/12 - check cashed05/04/12 - NOA1 received - dated 05/01/1206/07/12 - Biometrics done02/07/13 - Approved (status update via text msg)02/14/13 - Ten year Green card receivedNaturalization07/26/13 - eligible (90 day window opened 4/27/13)02/24/14 - N-400 sent to Dallas03/04/14 - Check cashed & case accepted (update via txt & email)03/10/14 - Biometrics appt letter rec'd (scheduled for 03/28/13)03/28/14 - Biometrics done04/01/14 - In line for interview 04/03/14 - Case status change to scheduled for interview04/10/14 - interview letter rec'd 5/13/14 - interview 6/3/14 - in line for oath 6/30/14 - Scheduled for oath

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should i be the one to file the divorce or just wait for him to do it?... i am afraid too that his mom will mess up my social security,because the mom already call my work this morning and tell my employer that i already move to other state...i am planning to get restraining order from the court to protect myself from them,would this be a good move?

Yes, this appears at the outset to be a case of some hardship. You can file divorce on your own. It depends on what state you live in, but you should research your local divorce laws. I was divorced in Washington DC, and they required that we be separated from room and board for at least 6 months before judgment of divorce.

I'm sorry you are going through this. If they are keeping your personal documents from you, you need to call the police and get out of your home.


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should i be the one to file the divorce or just wait for him to do it?... i am afraid too that his mom will mess up my social security,because the mom already call my work this morning and tell my employer that i already move to other state...i am planning to get restraining order from the court to protect myself from them,would this be a good move?

His mom can't do anything to your social security number. You need to call your employer and explain the situation and that you will still be working. Tell your employer they are crazy and not to listen to anyone but you. Yes, you should call the police so you can get your belongings, get a restraining order, go to a womens shelter or friends home, document everything and make copies, file for divorce (don't wait for him), then apply to remove conditions using a waiver. These things they are doing are not allowed ever. Oh yeah, his mom called your employer saying lies about you, have your employer write an affidavit that they are calling saying things about you that are not true, they have no right to make you lose your job!


I-751 Timeline

ROC sent 6-12-2010

Package received by CSC 6-14-2010

NOA sent 6-14-2010

Check Cashed 6-16-2010

NOA received 6-21-2010

Biometrics letter received 7-6-2010 dated 7-01-2010

Biometrics appointment 7-23-2010

Touched 7-23-2010

Touched 7-26-2010

Interview letter recieved 10-13-2010

Interview date 11-5-2010

Approved and approval letter given at interview 11-5-2010

Waiting on card now

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Filed: IR-1/CR-1 Visa Country: China
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ROC ? Yes !

AOS ? No !

-----

you need to collect -

1. green card

2. passport

3. other IDs

4. a phone with a sim card

and get the f out of there.

----

the marriage certificate - can get duplicate at courthouse - don't sweat that one.

---

to file for ROC by yourself - you'll need to prove up that the marriage was entered in good faith, and show bonafide marriage evidence, and a copy of the divorce decree.

There's some timing issues, as well, as to when to file for ROC -

1. you still have time left on current greencard, not expire for some time - yer USC spouse cannot deport you, regardless of what he says. At most, he can submit a withdrawal of support for the I-864, but he would have to have substantial proof of YOUR immigration fraud.

2. you can file for ROC on your own, before the current green card expires, IF the divorce is finalized - ie - divorce decree in hand.

3. you can file for ROC on your own, AFTER filing for divorce, if any timing issues on current green card expiration - ie - say it expires on 13 DEC 2010, you filed for divorce on 12 Nov 2010 - you can file for ROC the day after you have filed for divorce. Filing and granting are two different timeticks in a divorce proceeding. USCIS will give you a RFE for the actual divorce DECREE, and thats OK - you have some time to submit the RFE back to them, the divorce decree paperwork.

4. if your state has 'fast divorce process' - ie - in/out in 90 days - you can file ROC immediately after you have divorce decree in hand. No waiting for current greencard to expire. Current greencard will remain in effect, ROC status starts after ROC is approved, but you get SOME status for 'ROC filed', if any gaps on greencard validity.

---

His family is doing this stuff? really? how very strange. Some of these things are criminal acts - ie - destroying a persons green card is a criminal act - that's a federal document, to be only surrendered to a federal entity. Destruction carries an arrest and fine, is federal offense.

---

Please do all that AlwaysWaiting has mentioned, as well.

Good Luck !

Edited by Darnell

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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should i be the one to file the divorce or just wait for him to do it?... i am afraid too that his mom will mess up my social security,because the mom already call my work this morning and tell my employer that i already move to other state...i am planning to get restraining order from the court to protect myself from them,would this be a good move?

Yes..its a good move to put restraining order for your protection and be possible to have a documents for that for your removal.


" If we could live life all over again,we would still choose each other.If we are reborn to second life, we would marry each other again,we are persons with one heart,one soul,the same dreams and aspiration."

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