CR1 Condition removal after divorce

[Lifehastomoveon 37]

Hello Everyone,

Here is my sad story., I got married in India 2 years ago. I came to US on september 2014 through CR1 visa. Ever since I got here, I have been facing some domestic violence like verbal abuse, physical abuse by my mother in law and husband. Now My husband wants divorce. He already filed for divorce. I was kicked out of the house. I am now staying with my friend. I dont have a job, cant afford an attorney. My husband withdrew the affidavit of support in order to prevent from me suing him for support. He holds back all my important documents such as green card, ssn, passport, driver licence,etc.. Literally I am now abandoned by my husband and family. What should I do for securing my green card status? Any precautionary actions? Is that possible for my husband to do or say anything to USCIS to deport me? Can I apply for duplicate green card, ssn card, driver licence, passport if they are destroyed by my husband? When can i remove the condition to get the permanent green card? what are all the proofs or evidences needed for condition removal? since He withdrew the affidavit of support , Does it affect anywhere in condition removal process? My marriage is a legitimate marriage.

Thank you.

[newacct 688]

He cannot "withdraw the Affidavit of Support" after you already became a permanent resident, which happened when you entered the US on your immigrant visa. He will continue to be subject to the Affidavit of Support regardless of the divorce.

He cannot do anything to your immigration status. That is between you and the government.

Yes, you can get replacement passport, driver's license, Green Card, Social Security card, etc. because it has been basically "stolen" from you.

You should file Removal of Conditions when the divorce is final, or within the 90 days before your green card expires (which is 2 years after you entered), whichever is earlier. You should start collecting ASAP evidence that the marriage was genuine at the time you got the green card, and up until you separated.

Edited August 4, 2015 by newacct

[Ryan H 3,790]

***Moved from IR-1/CR-1 Process & Procedures to Effects of Major Family Changes on Immigration Benefits forum. One post containing content that evades the VJ language filter removed.***

[godhelp85 1]

He cannot "withdraw the Affidavit of Support" after you already became a permanent resident, which happened when you entered the US on your immigrant visa. He will continue to be subject to the Affidavit of Support regardless of the divorce.

He cannot do anything to your immigration status. That is between you and the government.

Yes, you can get replacement passport, driver's license, Green Card, Social Security card, etc. because it has been basically "stolen" from you.

You should file Removal of Conditions when the divorce is final, or within the 90 days before your green card expires (which is 2 years after you entered), whichever is earlier. You should start collecting ASAP evidence that the marriage was genuine at the time you got the green card, and up until you separated.

i am agree with him you just have to strong

[blahblahblog 36]

Hello Everyone,

Here is my sad story., I got married in India 2 years ago. I came to US on september 2014 through CR1 visa. Ever since I got here, I have been facing some domestic violence like verbal abuse, physical abuse by my mother in law and husband. Now My husband wants divorce. He already filed for divorce. I was kicked out of the house. I am now staying with my friend. I dont have a job, cant afford an attorney. My husband withdrew the affidavit of support in order to prevent from me suing him for support. He holds back all my important documents such as green card, ssn, passport, driver licence,etc.. Literally I am now abandoned by my husband and family. What should I do for securing my green card status? Any precautionary actions? Is that possible for my husband to do or say anything to USCIS to deport me? Can I apply for duplicate green card, ssn card, driver licence, passport if they are destroyed by my husband? When can i remove the condition to get the permanent green card? what are all the proofs or evidences needed for condition removal? since He withdrew the affidavit of support , Does it affect anywhere in condition removal process? My marriage is a legitimate marriage.

Thank you.

This type of behavior unfortunately happens too often in Indian cultures - happened with a cousin of mine and it was a nightmare. But she got through it and now is a very happy person. What you need to do is decide if you want to stay in the US or if you want to go back home. If you want to stay, you have to take care of yourself. Your husband cannot withdraw his support but if you leave for India for good, then his obligation is over, so if you may want to stay in the US until the divorce is settled. You are also entitled to stay here in the US at least until September 2016 and you cannot be deported at all.

Go to the police and file a report that your husband is keeping your documents - that is stealing. Document as much as you can all the incidences of physical abuse by your husband and mother in law. If you have police reports or hospital records, that is best. If you have no document, write down things in a diary and save it to have a (very weak) evidence of current state of mind, and write down all the names of people with whom you spoke about the abuse (friends, neighbors, doctors, family). Make sure that you can stay with your friend for a little longer while you fix your situation.

Get a job, any job. It will help you a lot to get your mind out of this and make you stronger. Try to get a good family lawyer to dispute the divorce terms. Depending on the laws you may be able to get alimony, but you want a good lawyer to protect your rights. If you can't pay, see if you can borrow from your family or someone else. If you really can't pay, try to get a pro bono lawyer through woman's shelters or Catholic Charities.

Also get in the VAWA thread and see if they have any suggestions to document abuse and what the abuse gives you.

[tuckin14 58]

Your timeline suggests that you promptly applied for immigration after marriage and entered the USA shortly after receiving your visa. You will still have to prove that - within the scope of what was possible, given your husband's behavior - that you attempted to establish a bona fide marriage, including cohabitation, comingling of finances, and holding yourself out as husband and wife.

It is possible - I'm not saying likely, just that it's possible - that USCIS will at least consider the possibility that the whole thing was a set-up to get your green card and then make it look like your ex was an ******e and you just had to leave.

You should just focus on collecting documentation about how you tried to have a bona fide marriage. You don't have to be superwoman, working 12 hours a day and making all his favorite meals and giving him anything he wants in bed - to be "bona fide." You just have to show that at each stage of the marriage you at least tried to make it real.

Don't worry about the affidavit of support. He can't withdraw that. And I would concur about the documents he's stolen. Remember that many of those documents are technically the property of the government.

[Lifehastomoveon 37]

Thank you so much for all your inputs. I am really in a critical situation. I am currently staying with my friend but will move to some womens shelter soon. literally i am homeless now. going through the divorce process. I have lot of evidences for bonafide marriage