I-751. Filing Jointly, Separately, or through Violence against Women Act?

[MariaTrust 0]

Good evening everyone,

I am currently trapped in a very unpleasant situation. My husband and I have been married since April 2012. Even though it is a relatively short period of time, a lot has happened. Not going into details, I will just mention that my husband was physically abusive a few times, and I feel like he has been emotionally abusive as well ( jealousy, desire for constant control over me; unhappy when I stay at school for too long to study, or at work if I have a client; passive/negative reaction about my school achievements, constant blames/remarks about what I "do wrong"). He clearly stated to me that he has been having a depression since 9/11, but it was not that noticeable till now. He has been absolutely passive lately (work-sleep kind of life), and I feel that we are drifting apart more and more. He also rejected a family or anger management counseling option saying that he would not waste his money or his time. I cannot really talk to him because he starts blaming me for everything bad that is going on in our relationship. After today's conversation, he clearly stated that he wanted to get divorced and he would not sign a petition with me ( I just received a letter from the IRS two week ago or so); he just wants me to sign a simplified dissolution of marriage and move out with my belongings. After I left our apartment to call a lawyer, he texted me: "I Will Sign your Papers, JUST GET OUT OF MY LIFE!!!", and then "PLEASE!!!".... Even if he signs my petition, he will want to file for divorce immediately. I also read that I can file as a victim of domestic violence, but I do not really have any proof. Any ideas of what I should do in this situation?

[Lee 23 5]

Sorry about the situation. I do not know what to tell you about divorce or visa. However, if you do not know already, at any time you can call the National Domestic Violence Hotline: 1.800.799.7233

They have a trained staff 24/7 to deal with domestic violence issues.

A phone bill with cell phone calls to that number, although not proof, could be at least an indication of domestic violence.

Also be aware that with a simple dissolution of marriage, you may give up your right to any claims of property that you may be entitled.

Edited December 18, 2014 by Lee 23

[aikochan 0]

I am in the same situation too, but i file the dissolution myself, i only have my conditional green card, but i was planning to consult a lawyer for filing I 751, still hoping anyone can give me a good suggestion.

[DC85 113]

Get divorced and file on your own. If you file vaws then your petition will be handled by special unit and they trained on this. If you don't have some proof you may see yourself in more complicated situation

[aikochan 0]

He has a bad temper, he yells at me even in the car, i have my own evidence that i kept, and he sleep w a gun in his pillow, then i accidentally found a release paper that he was confined in the mental institution, i confronted him he just told me theres nothing i can do, i still try to hold on ,but i cant , so i moved out and file for divorce, i dont have any police report, do i need to consult a lawyer before before filing ROC ,or i can do it by myself?

[DC85 113]

You don't need a lawyer, just gather as much as you can from the bona fide marriage

[aikochan 0]

Thank you, because i talk to a lawyer and ask me 2250$. And its too high for me since ive been living by myself. So i can file my ROC by myself?do you have any idea of how can i make a waiver?

Thank you, because i talk to a lawyer and ask me 2250$. And its too high for me since ive been living by myself. So i can file my ROC by myself?do you have any idea of how can i make a waiver?