Should I consider VAWA ?

[avf 0]

I have been married for 6 months and got temp GC. I am having a very difficult time with my wife who is USC.

She wants to control my finances and also acts very scary by feigning shoulder pain etc when I do not agree to her about giving all my income. sometime back in front of her friend her hit me, but i did not call the police. subsequent to that she has told me she wants to divorce me even when I am facing severe emotional family health problems. She only cares for herself. 1 minute she is ok and next she can be another person i cannot live with.

Before the GC approval it was standard for her to threaten to cancel the process and say Should she drop this marriage as my GC has not come ?

I started going to my doctor as I was having health problems and he diagnosed I am depressed and gave me anti depressants. I suggested marriage counseling to her but she says shes not interested. Her one concern all the while is money and expenses.

She verbally abuses me calling me pathetic, gay, racist comments about my country men(which is hte same as her btw).

She has also threatened to call 911 on me citing mental torture and now I stay petrified that she will do that to entrap me without physical violence from my side.

Does this make any case for VAWA as I am mentally and emotionally scared of living with her longer.

[Harpa Timsah 13,258]

If you have your GC already you do not need VAWA. You can divorce and remove conditions on your own.

[avf 0]

Do I need to tell all this during my divorce and get it in record ? I understand that a man citing VAWA has lower chances of approval but what are my options of restarting my life without this daily stress ?

[markiweiss49 4]

that is correct. you have your greencard so you can remove conditions on your own. also, get a divorce and also call uscis and maybe they can also give you advice. good luck and hope everything turns out ok for you.

[jojolicious 38]

VAWA is not necessary. Just get a divorce and file for ROC as soon as the divorce is finalised or at least 90 days before the expiry of your GC, whichever comes first.

[mr and mrs 187]

as long as the marriage was entered into in good faith (ie not for immigration purposes) you should be able to file the i-751 with a waiver (meaning not jointly).

you should investigate the 'effects of major family changes' forum. there is a thread there that answers a lot of questions about ROC and divorce.

[Deputy Purple 1,294]

Moved from "Removing Conditions on Residency General Discussion" as he question posed by the OP pertains directly to the impact of divorce on his LPR Status.

[avf 0]

Sorry I mean does my divorce document have to record the suffering I am going thru as the reason for my pursuing divorce or simple no fault divorce would be the same in case of filing for waiver for immg ?

[Deputy Purple 1,294]

Simple No fault divorce will do just fine.

What you need is proof that you entered the marriage "In Good Faith". This would be proof that you lived together and mixed your money:

Joint Lease, bills in both names at the same address, copies of Driver's Licenses with the same address, mail sent you each of you at the same address or mail sent to both of you.

Joint bank accounts, joint life/medical/auto/homeowners or renters insurance policies, listed as beneficiaries on each others policies.

You just need to demonstrate that you made efforts to live as husband & wife with your lives intertwined.

[avf 0]

What are the chances that the conditions are removed based on a 6+6(for Div) months marriage ? I had an arranged marriage with the person thru family but my experience is totally disgusting. I have been verbally abused, emotionally unsupported and most love comes with my money being used. I do have intimate relation with the person but its far and few. I try to avoid intimacy especially as I get kicked verbally one sec and I cannot be initimate in these conditions.

Irony is that her family is very genuine and decent totally the opposite of my spouse

[Deputy Purple 1,294]

What are the chances that the conditions are removed based on a 6+6(for Div) months marriage?

The marriage was within cultural norms I assume...

The chances hinge upon your ability to prove it was entered into in good faith. Demonstrate that you co-mingled your lives & finances and you should be okay.

[avf 0]

The marriage was within cultural norms I assume...

The chances hinge upon your ability to prove it was entered into in good faith. Demonstrate that you co-mingled your lives & finances and you should be okay.

Thanks for the info. This has helped me into looking for all the documentation I can get to prove the intermingling and sharing of finances. I hope I am able to work on this marriage but also I want to be prepared for any eventuality.