Need Advice!

[YammySS 1]

Hello once again!!! I have a friend who was asking help or advice from me, but I could not give any because I have no idea, so I decided to post her problem. My friend came here as K1 ( Fiancee visa) and got her 2 years greencard card. After a few months, petitioner become abusive, mentally, physically, and morally. Her husband quit the job, and now she is the one providing all her needs. Both parties want divorce. Here comes the question. If they get divorce, Could she still adjust her status( removal of condition)? or does she need to go back to the origin country?She is currently working here, and she don't want to leave the country. Any advice is highly appreciated!!! Thank you so much...

[christeen 966]

They can divorce and she can file for removal,of conditions on her own... She needs to,prove the marriage was entered in good faith (shoe co mingling of finances, lease, living together etc).

[YammySS 1]

they live together in her parents in law, and she is under control, every time she makes a move, her parents in law threat her that they will report to the USCIS and be deported. She wanted to live separately, but her husband does not want to leave his parents.

Is there any protection program that could help her?

[Merrytooth 5,748]

they live together in her parents in law, and she is under control, every time she makes a move, her parents in law threat her that they will report to the USCIS and be deported. She wanted to live separately, but her husband does not want to leave his parents.

She could move out on her own since they are heading for divorce.

[YammySS 1]

She is scared to move out because of the threat.

[Merrytooth 5,748]

She could try contacting the local Police Department to escort her to collect her stuff from the house.

She has her conditional Green card, the in-laws can't doing anything to her.

Or contact the local women shelter, they would be able to advise what to do next.

[KayDeeCee 4,893]

~ Moved from AOS from Family Based Visas to Effects of Major Family Changes on Immigration Benefits - not AOS process topic~

[Ivy. 113]

She can remove conditions on her own after divorce. She does not need to stay married just because she wants to stay in the country.

Here is the link to USCIS on removing conditions: Remove Conditions on Permanent Residence Based on Marriage. Notice the following:

If You Are No Longer Married To Your Spouse or If You Have Been Battered or Abused by Your U.S.-Citizen or Lawful Permanent-Resident Spouse or Parent

You can apply to waive the joint filing requirement if you are no longer married to your spouse, or if you have been battered or abused by your U.S.-citizen or lawful permanent-resident spouse or parent.

In such cases, you may apply to remove the conditions on your permanent residence at any time after you become a conditional resident, but before you are removed from the country. You must provide evidence that removal from the United States would cause you extreme hardship.

[Ontarkie 14,275]

~~Duplicate threads merged~~

[YammySS 1]

Thank you all the replies, I really appreciate. And sorry for posting in a wrong forum.

[belinda63 3,039]

Abuse has nothing to do with her ability to remove conditions. She needs to be able to prove they lived together as man and wife. She should begin to gather proof of this such as bills with both their names, mail (envelopes) with his name and her name at the same address, copies of any insurance with them on it together, any leases or contracts they both signed. Things to prove they lived together and mingled their money.

She can leave at any time, there is no law that says a woman has to live with a man she doesn't want to. The in-laws can do whatever they wish, she has her green card so unless fraud can be proven they will accomplish nothing.

[sweet cakes 326]

She is scared to move out because of the threat.

Tell your friend that she has nothing to be scared of. Or she can tell off the in-laws that they know nothing about her immigration status. She cannot be deported, unless there is proof of fraud.They're only threatening her so they can have the upper hand in this situation. It's only psychological control.

Edited February 7, 2014 by sweet cakes

[YammySS 1]

She came here in good faith, and she have evidences to show that they both live together and share bills etc..

[Holly2234 66]

She needs to leave. She can file for removal of conditions alone. She will need to take any proof she has of a genuine relationship though.

I am the Immigrant and i left my husband after a bad relationship. It is possible and the relief she will get when she has done it will be worth all of the hardships.

I must say though, there are resources out there to help, but from experience, the only person she can rely on is herself. She needs to have a job and work hard to make it.