Worth mistake I ever made!

[Happygirl007 0]

I'm not here to get judge or harassed. I will try and make this as short and clear as possible. I need to know my rights and steps that should be taken.

I'm the U.S.C and petitioner to my husband he has been here about 1 1/2 yr now, we are in the process to file for ROC, since his arrival things has been going very rocky there has been verbal abusive as well and physical, he has made it clear to me and my family and his that he is just with me to gain his full ten year green card and that he is just waiting until that day come so he can leave. I have to start preparing for roc but as this situation is goin I don't want to process with the process of doing his paperworks.

Please I need help! What do I do? Report him to USCIS? Do I write a letter explain the situation as to why I will not be filing for ROC on time?? I would appreciate anyone help here!

[SweetOpossum 55]

I'm not here to get judge or harassed. I will try and make this as short and clear as possible. I need to know my rights and steps that should be taken.

I'm the U.S.C and petitioner to my husband he has been here about 1 1/2 yr now, we are in the process to file for ROC, since his arrival things has been going very rocky there has been verbal abusive as well and physical, he has made it clear to me and my family and his that he is just with me to gain his full ten year green card and that he is just waiting until that day come so he can leave. I have to start preparing for roc but as this situation is goin I don't want to process with the process of doing his paperworks.

Please I need help! What do I do? Report him to USCIS? Do I write a letter explain the situation as to why I will not be filing for ROC on time?? I would appreciate anyone help here!

Not judging you... but why in the world are you still with him after 1.5 years of abuse?

You should totally report him and stop helping him ...

I don't know if will be able to prevent him from getting his green card (I have seen tons of posts from scammers posting on this site getting away with taking advantage of their spouses) But at least make sure you are safe and that he has no way to hurt you. Chances are he will get very angry when he finds out his "precious GC" is at risk, so you have to make sure the police is aware of the danger he represents, regardless of informing USCIS.

I am sure soon some other VJ users who are more familiar with the subject will give you more advice on the immigration part , but for now ... Safety first! God bless you.

Edited October 9, 2014 by SweetOpossum

[dgreening 6]

Were you his sponsor? By signing the affadavit of support I-864 you accepted legal and financial responsibility for the sponsored alien relative until they become US citizens or until they can be credited for 40 quarters of work. He has not been there long enough.... Unfortunately this puts you in a bad situation, and makes you liable to be sued by him if you don't go about this the right way. My suggestion is to go to the police regards his physical abuse. Even if you don't want him jailed, it shows you have filed a report, and that things were not great in the marriage. This could be useful to you at a later date.

I would seek advice from a lawyer, if you can afford. You are by no means accountable of anything if he is physically abusive of you.

Disclaimer: I am not a lawyer, nor law professional.

Edited October 9, 2014 by dgreening

[SweetOpossum 55]

Were you his sponsor? By signing the affadavit of support I-864 you accepted legal and financial responsibility for the sponsored alien relative until they become US citizens or until they can be credited for 40 quarters of work. He has not been there long enough.... Unfortunately this puts you in a bad situation, and makes you liable to be sued by him if you don't go about this the right way. My suggestion is to go to the police regards his physical abuse. Even if you don't want him jailed, it shows you have filed a report, and that things were not great in the marriage. This could be useful to you at a later date.

I would seek advice from a lawyer, if you can afford. You are by no means accountable of anything if he is physically abusive of you.

I agree with this post.... and I would say get him jailed if he actually hurt you.

[Hotter Otter 1,211]

Were you his sponsor? By signing the affadavit of support I-864 you accepted legal and financial responsibility for the sponsored alien relative until they become US citizens or until they can be credited for 40 quarters of work. He has not been there long enough.... Unfortunately this puts you in a bad situation, and makes you liable to be sued by him if you don't go about this the right way. My suggestion is to go to the police regards his physical abuse. Even if you don't want him jailed, it shows you have filed a report, and that things were not great in the marriage. This could be useful to you at a later date.

I would seek advice from a lawyer, if you can afford. You are by no means accountable of anything if he is physically abusive of you.

The way I understood it is that she is liable to be sued by the government (not him) if he claims welfare or government support before he becomes a citizen or has completed 40 quarters of work? Because by signing the AOS she is agreeing that she and not the government is going to support him.

[dgreening 6]

Ah, understood. But still needs to cover herself!

[Happygirl007 0]

I did file a police report, and I didn't press charges, my mine consider is ROC I know I have 90 to submit all paperworks in a timely fashion, since our marriage wasn't in good faith on his behave I don't want to go forth with roc I understand the AOS, and understand I'm his legal sponsor for those 40 quarters or until he becomes a USC . I have picture of all my bruises, police report I can even get statements from friends and family who are aware of the abusive and of the mistreatment. I just need to know my options since I have time to file this complaint with USCIS.

Thanks for you comments

[milimelo 4,202]

I wouldn't wait until it's time to file for ROC to notify USCIS. You have the reports and evidence, write a letter and send it to your local office so they can make sure it winds up in his A# file. I'd even send one copy signature confirmation to USCIS (whichever dropbox is for ROC), and bring one copy in person to an infopass appointment and not leave until I've met with fraud prevention manager and had a confirmation in hand they took the filing and will include it in his A#f file.

[TBoneTX 43,058]

*** Thread moved from CR-1 Process forum to the "Effects of Major Changes" forum, where such topics are often discussed. ***

[Caryh 5,206]

If he's abusing you like that, why are you even living in the same place as him? Getting away from him should be your concern. And you don't file the ROC, the immigrant files the ROC. They can file with your cooperation or not. Although filing without requires an abuse complaint from him about you, or a divorce decree. You should be worrying about your safety, not about his status right now.

[Happygirl007 0]

@Caryh I'm concern about his status because I one I obey the law and I know I have to file within a time frame and I need to understand how can I be jeperodie in anyway. And he if he decide to leave the home he know where I live and that can make matters worst as he know that he is at a point of not getting what he wants. So I'm covering all my points invoking police now is involing USIC as they will need to know why I didn't file roc and no divorce has been file.

@milmelo thank you for that information I will def. keep that in mind and will proceed with this.

[N-o-l-a 7,167]

@Caryh I'm concern about his status because I one I obey the law and I know I have to file within a time frame and I need to understand how can I be jeperodie in anyway. And he if he decide to leave the home he know where I live and that can make matters worst as he know that he is at a point of not getting what he wants. So I'm covering all my points invoking police now is involing USIC as they will need to know why I didn't file roc and no divorce has been file.

@milmelo thank you for that information I will def. keep that in mind and will proceed with this.

YOU do not need to file within the time frame and you are under no obligation to file ROC. He needs to tell USCIS why ROC has not been filed, not you.

Step 1 - get divorced

Step 2 - move on

[Caryh 5,206]

@Caryh I'm concern about his status because I one I obey the law and I know I have to file within a time frame and I need to understand how can I be jeperodie in anyway. And he if he decide to leave the home he know where I live and that can make matters worst as he know that he is at a point of not getting what he wants. So I'm covering all my points invoking police now is involing USIC as they will need to know why I didn't file roc and no divorce has been file.

@milmelo thank you for that information I will def. keep that in mind and will proceed with this.

You are under no obligation to file ROC for him. This will create no trouble for you and there are no laws saying you must. If you have evidence of fraud, you could report that, but it has to be hard evidence, not I heard, I saw, or someone told me so. It needs to be hard paper evidence, such as emails or texts he's sent saying he only married you to get a green card. You can report he is no longer in the home, once he is gone. If you move while he's in the USA and still under the I-864, you must report where you move to, but that is the only thing you're required to do by law. You should have filed charges when he abused you and left you bruised, gotten a protection order, and no longer had any contact with him. You should still get that protection order, and then change the locks. If you're really worried about him returning, then changing residence yourself for a while might be a good plan.

The ROC is not something you file. Neither was the AOS if he was a K-1 immigrant. They are both something the immigrant is required to file, but not the petitioner. If you were to call USCIS about either a ROC or AOS petition that your spouse filed, they could tell you nothing, as you're not the person filing and its none of your business what the status is or if they even filed.

What is important is you get yourself safe and out of this abusive situation.

Edited October 9, 2014 by Caryh

[Ortolan 381]

Is he threatening you, making you file the ROC? Otherwise, why do it? You need to get away from this guy.

[kzielu 1,147]

I did file a police report, and I didn't press charges, my mine consider is ROC I know I have 90 to submit all paperworks in a timely fashion, since our marriage wasn't in good faith on his behave I don't want to go forth with roc I understand the AOS, and understand I'm his legal sponsor for those 40 quarters or until he becomes a USC . I have picture of all my bruises, police report I can even get statements from friends and family who are aware of the abusive and of the mistreatment. I just need to know my options since I have time to file this complaint with USCIS.

Thanks for you comments

You do not have to do absolutely anything, you do not even sign the forms for RoC. It is good and bad - bad because he can do it entirely on his own, good - because if he thinks you need to do it, just don't.

As others said - protect yourself, if you physically hurt, report that to police and get restraining order. Than divorce and move on.

If you have a clear evidence he used you for GC, submit to USCIS.