divorce....calling 911

[whitepearl 0]

so i need to file a divorce now?

i didnt have my paper back coz when the day i called 911 what came into my mind is to get away from them...i still have my green card with me...please advice...

Did you get your green card back and were you able to gather any paperwork or police reports from the 911 call?

[Darnell 8,478]

call that police station, ask for case #, then ask for report on that casenumber

[whitepearl 0]

i made that already and will need to send a letter of request to the police department,since i move out the state..whats the next thing i can do now?

call that police station, ask for case #, then ask for report on that casenumber

[Created 6]

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 !

This information will be of use to you. You do not have to file for divorce before filing I175, if you can show evidence of abuse and cruelty. You will in any event have to prove good faith marriage.

http://www.ilw.com/articles/2009,0924-lee.shtm

[Created 6]

Do not forget to file AR-11 change of address notice within 10 days of change of address.

[whitepearl 0]

How can i notify them for my change of address?do u have a website for that?

which one is better i file the divorce now or let him file the divorce?

thank you so much

Do not forget to file AR-11 change of address notice within 10 days of change of address.

[Created 6]

How can i notify them for my change of address?do u have a website for that?

which one is better i file the divorce now or let him file the divorce?

thank you so much

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c1a94154d7b3d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

option to change address online is on to right hand side. Follow the instructions. My attorney advised to mail a copy of the online form in to USCIS also.

[justashooter 430]

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.

the husband does not have to fork over 125% of the poverty level. i wish people would stop saying that, because it is in no way true.

he has made an agreement with the federal government to repay them if she uses means tested benefits, which might well happen. she has a job, so she might not. with a short marriage and her working most states will not order any spousal support, even if his behaviour to date is evidenced in court. there are no morals in law anymore. just the way it is.

OP, sounds like you married a jerk. move to a woman's shelter now, and get the police to help you collect your personal property. the woman's shelter will help you file for divorce. they have connections with cheap legal services that you can use. they will give you lots of advice. think carefully before you use it. some of it will not suit your situation.

[Darnell 8,478]

which one is better i file the divorce now or let him file the divorce?

IMO, is better that YOU file it, not him.

The person that files, has more control over the divorce process.

You need to be that 'person who files'.

Seriously.

Hey ! Now that the immediate danger is past, strongly suggest you re-read all of the responses in your post, make copious notes, pen to paper, then map out your plan, dig out a calendar (or print one) and figure this stuff out.

Double Seriously !!

Edited June 30, 2010 by Darnell

[Darnell 8,478]

i made that already and will need to send a letter of request to the police department,since i move out the state..whats the next thing i can do now?

Assume that divorce is in the state where you were living with him.

For 'what's next' - IMO -

Study all of the county courthouse website - in the county you used to live in -

learn ALL about the divorce process for that county , then

YOU FILE the divorce paperwork at THAT county courthouse.

You'll have some 'county residence' issues, but those can be overcome.

At some point, if you decide that you need legal assistance, get to any Catholic Charities office, ask for legal aid.

Good Luck !

[Darnell 8,478]

so i need to file a divorce now?

i didnt have my paper back coz when the day i called 911 what came into my mind is to get away from them...i

I assume you left much of your personal belongings inside the house, were not able to get them out of the house. Call the police department that handled the 911 call, and

INQUIRE WITH THEM if you can get a policeman to escort you INTO the house, stay with you whilst you retrieve yer belongings AND PAPERWORK, and escort you OUT of the house. Make that phone call, today, inquire.

Many police / sherrif offices do this, some don't; also depends on their workload. For background info - tell them:

1. your name is still on the lease and

2. you need to remove your personal belongings and legal paperwork from the domicile and

3. you are worried that your husband will physically harm you if you show up without the police.

Your husband won't be arrested when the police 'simply escort you' - but they CAN arrest him IF he attempts to physically harm you or destroy your belongings and paperwork, in front of THEM.

That police escort is for your protection. You should call, inquire if they do it - ask for the desk sargeant or 'shift supervisor', when you call in - don't assume the first person you talk to has any clue.

Good Luck !

[Old Dominion 26]

Assume that divorce is in the state where you were living with him.

For 'what's next' - IMO -

Study all of the county courthouse website - in the county you used to live in -

learn ALL about the divorce process for that county , then

YOU FILE the divorce paperwork at THAT county courthouse.

You'll have some 'county residence' issues, but those can be overcome.

At some point, if you decide that you need legal assistance, get to any Catholic Charities office, ask for legal aid.

Good Luck !

While Catholic Charities will help on immigration and spousal abuse matters, since the Catholic Church does not approve of divorce, maybe they can only help you get an annulment.

[whitepearl 0]

thank you so much for all the advices...

[Darnell 8,478]

hey - any news or updates?