USC *WIFE* physically hits/abuses me

[diadromous mermaid 36]

evidence i have is of the following is it strong or weak???

-Lease agreement with both names on it

-Video membership

-Sams Club

-Trip we took together (can get photocopy of her/mine passport stamps from that particular country)

-Cards adressed to us

........the best i can do

On the waiver, mark "d" ~ bonafide marriage that terminated in divorce, and you could mark the one that pertains to abuse as well, if you have evidence to present.

What about finances?

Bank statements for a joint checking or savings account?

Tax returns filed as married?

Drivers license showing your joint marital address

Credit card statements?

Utility bills paid by you or your spouse that show your marital address?

What about auto insurance? In your name? Or are you covered on the policy?

Health Insurance. Are you a beneficiary of hers?

Life insurane policy?

Do you have an auto titled in both names?

[strandedlost 0]

finances i guess i could get as well as bank statements.

Tax returns, well didnt make enough to file one (or can you file one jointly even if you didnt make enough together as a couple?)

Credit card statements, havent got a sufficient income to pay on a credit card,

Utility bills are only put in one name (the water and electricity only allows one person)

Auto insurance is paid for by her grandparents, life insurance policy have not taken out either. and the auto is in her grandparents name.

So how can i resolve all this with what i just mention? i can get a bank account statement (that i do have)

[diadromous mermaid 36]

Hi thank you Diadromous Mermaid.

I prefer not to reveal the state im in due to that there are not many people here from that particular state. I did some research myself on divorce within the state that i live in and that it can take at least 1 year IF all the documents are in order, PLUS EVERYONE is co-operative with the divorce.

In turn, i called a lawyer and asked about what was meant by "co-operative with everyone", the lawyer said that someone had to begin the petition for the divorce (that would be me) but both parties would have to show up to court in order to start the proceedings with the pre-hearing (which is something she WONT do) and from there, explain the case and come back later on for the actual hearing (which i know she WONT do either).

The lawyer that i spoke to said that when the spouse decides not to co-operate and show up at court, is when they adjourn it until both parties appear to state their cases as the judge needs to know both sides of the case. AND THIS is where he said it drags out.

He explained to me about the 1 year extension, and that if it expires, i can go and get another 1 year extension until the divorce is finalized, (but if that be the case, im going to be going back every year for the next 10 years at my rate!!!!).

What was also mentioned was preciseley that i was afraid of that it can lapse and because there has been no decision on the divorce shown, it can slip and i find myself in deportation proceedings. (Something the lawyer told me to watch very closely as that happens)

So in the waiver.....what box would i check??? the one that states that i entered into the marriage in bona fide OR do i check the box where it ses that im divorcing her based on the grounds of abuse???

Which one will give me the least problems???....

Will this ever end???

Without specific state information I can't really question what you've been told, but it seems to paint a rather grim picture, which goes against the tenets of family alw that I am aware of.

Normally, one party can file for divorce and the other party cannot prevent the divorce from occuring, especially if the state in which you reside honours "no fault" grounds for divorce. The process commences with a petition for divorce filed by one party. A response is required within a number of days. If the party does not respond, then after a certain specified period of time, the claim can be granted by default. Usually, the court might require a genuine attempt to inform the other party that divorce is sought. I'm not aware of a state where a party cannot become divorced, if he or she has grounds, simply due to the obstinent nature of an opposing party.

What you are referring to sounds to me like mediation, which is often mandated by the court in order for the parties to come to some resolution without litigation. Mediation is recommended to get the parties together with an impartial arbitor to iron out differences of opinion with regard to settling the division of responsibilities and assets. Oftentimes, even if parties enter mediation with an open mind to resolving conflict, they can leave without having reached resolution, which simply throws the matter before the judge to adjudicate. While it can prolong the divorce process by a matter of 30-60 days, I'm not aware of it forestalling the process entirely.

I'd recommend calling the lawyer's referral service in your area and getting someone to explain the process once more.

[diadromous mermaid 36]

finances i guess i could get as well as bank statements.

good! Get a good sampling from the period you were married, say one every month or two to show the account is a joint account

Tax returns, well didnt make enough to file one (or can you file one jointly even if you didnt make enough together as a couple?)

You should file a tax return each year if you make anything over $400.00 or so self employed, or as married $16,800 jointly. However, if her family helps you out financially, and she is declared a dependent on their return then a tax return should be filed if:

You must file a return if any of the following apply.

• Your unearned income was over $850.

• Your earned income was over $5,150.

• Your gross income was more than the larger of—

• $850, or

• Your earned income (up to $4,850) plus $300..

In this chart, unearned income includes taxable interest, ordinary dividends, and capital gain distributions. Earned income includes wages,

tips, and taxable scholarship and fellowship grants. Gross income is the total of your unearned and earned income.

Credit card statements, havent got a sufficient income to pay on a credit card,

OK. Not necessary

Utility bills are only put in one name (the water and electricity only allows one person)

Get copies of them anyway with her name and your joint address on them it shows you resided together. Same thing with any bills you receive at your home.

Auto insurance is paid for by her grandparents, life insurance policy have not taken out either. and the auto is in her grandparents name.

Are you noted as a second driver on the policy? Do you have a driver's license?

[strandedlost 0]

I live in the state of Florida, but was married in the U.S. Virgin Islands.

Ok, so what would be the process with that then? do i do it here in Florida or do i have to go back to the U.S.V.I. to do the divorce.

We have no great assets together, no house or car together.

As in regard to taxes, even if we earned nothing over $3,000 last financial year we still file taxes??? (should i do it in regards to helping out my case? never thought about that)

Thank you about the bills that are in one name, i never knew that at all. So even if they are in only 1 name, but yet the same address shows for different accounts that are joint such as bank, tenant lease and what not, immigration will get the picture of it and see that we do/did live together and had a shared life together?

[sjoefl01 1]

Call the cops. Nobody is allowed to beat on anybody in Flordida, or anywhere else in America. Although it is uncommon for women to beat on men there is no difference in the law.

Like DM says get all of the evidence you have and put it somewhere off site.

Don't put up with this #######. It will only get worse. You don't say where you come from but surely it can't be worse than living in America getting worked over by some insane woman.

[William33 110]

Sorry to hear of the bad deal you have received.

With that in mind, you need evidence of the domestic abuse. Setting aside what DM said, this would be appropriate in an amicable dissolution of the marriage. You have issues, that preclude that sort of friendly negotiation. I Would call the police in each event of abuse and get a documented record of this activity.

With no respect to the Lawyers that you feel threaten you, Lawyers are Pr!cks and can be beat. Especially when the evidence is stacked against your spouse. Hell, Scooter Libby is down for 30 in Federal prison.

Get evidence, get retribution, get citizenship. You entered a legit relationship and the petitioner Fcuked you. You are entitled to benefits of citizenship, provided that your characterization of the events are accurate.

Fix it, and fix it now.

Best of luck mate.

[Nancy2015 2]

plus boiler, you say "only can delay"...yes it will delay and put me into what i dont want to go into, deportation proceedings. and i know she wont sign a divorce and drag out the process.

You do not need to be divorced to file a battered spouse waiver. You can still be married and file it.

These crazy abusive people piss me off more than anybody else.

[Rob and Melinda 0]

Sorry but this whole thing smell funny! How come there is no time line, photos or any previous history here? Do I smell a Troll?

Please clarify...

Rob

[strandedlost 0]

Sorry but this whole thing smell funny! How come there is no time line, photos or any previous history here? Do I smell a Troll?

Please clarify...

Rob

Rob and Melinda,....maybe your nose is too close to your ### and thats the only thing you smell,...this is real and it is happening right as i type this.

Reason that there is no time line, is because i am a member from the past on here, and do not wish to give out my details.

UPDATE:.........................................................................

........................

Last night i gathered evidence of what i have (which isnt a great deal) and have put it into one folder.

The second folder i made was that of all the threatening letters her family has made to me that i have kept and the threatening letters her family lawyers have sent me.

I also secured all the visa papers that went along with my petition

I'll be sending them ALL off far away to a friend who will keep them safe, this means that my wife will not know about them being sent off or know where they are at when she decides to do what she is intending to do to me.

Its just extremly hard on me. Im in a "catch 22" situation,....i've come THIS far into the process, to me, its not worth bailing out now, go back home to absolutley nothing because i am being abused.

I'm not no saint, and i will admit that. HOWEVER, as all arguements between couples start, one person ses something, and of course naturally, the other party in turn ses something back defending themselves (wich is what i did), maybe they were harsher replies,....maybe she got offended easier, who knows, but i draw the line where she starts hitting me as if i was getting hit by another man

I have a right to stay, i entered into this in good faith, wanting to make it work, unfortunately, in time,...i saw the other side of the coin, and the first time she hit me i didnt want to believe it, but i forgave her and gave her another chance,...then it happened again, and again, and again.

I will be going to see the police today to see what my options are on it.

How late can i file taxes???? up to what month and how much does it cost to do that?

[diadromous mermaid 36]

Sorry but this whole thing smell funny! How come there is no time line, photos or any previous history here? Do I smell a Troll?

Please clarify...

Rob

Rob and Melinda,....maybe your nose is too close to your ### and thats the only thing you smell,...this is real and it is happening right as i type this.

Reason that there is no time line, is because i am a member from the past on here, and do not wish to give out my details.

UPDATE:.........................................................................

........................

Last night i gathered evidence of what i have (which isnt a great deal) and have put it into one folder.

The second folder i made was that of all the threatening letters her family has made to me that i have kept and the threatening letters her family lawyers have sent me.

I also secured all the visa papers that went along with my petition

I'll be sending them ALL off far away to a friend who will keep them safe, this means that my wife will not know about them being sent off or know where they are at when she decides to do what she is intending to do to me.

Its just extremly hard on me. Im in a "catch 22" situation,....i've come THIS far into the process, to me, its not worth bailing out now, go back home to absolutley nothing because i am being abused.

I'm not no saint, and i will admit that. HOWEVER, as all arguements between couples start, one person ses something, and of course naturally, the other party in turn ses something back defending themselves (wich is what i did), maybe they were harsher replies,....maybe she got offended easier, who knows, but i draw the line where she starts hitting me as if i was getting hit by another man

I have a right to stay, i entered into this in good faith, wanting to make it work, unfortunately, in time,...i saw the other side of the coin, and the first time she hit me i didnt want to believe it, but i forgave her and gave her another chance,...then it happened again, and again, and again.

I will be going to see the police today to see what my options are on it.

How late can i file taxes???? up to what month and how much does it cost to do that?

Succinctly, a successful waiver will require documentation that demonstrates the following:

Evidence that the couple mingled their financial affairs, and placed assets in joint names (bear in mind that this can only be done if there are financial assets to mingle to begin with)

Evidence that the couple cohabited.

Tax returns can be filed any time, if they have not been filed. Tax returns that have already been filed can also be amended (changed) up to three years later, I believe, and this would involve filing a 1040X.

[strandedlost 0]

and the tax returns can be done in both names without a problem then?

[diadromous mermaid 36]

and the tax returns can be done in both names without a problem then?

Joint tax returns require endorsement by both parties. Think your wife would be inclined to cooperate?

[strandedlost 0]

yeah, i hope so, last night we got into an arguement and she tried to strangle me, she put her hands directly on my throat and i couldn't breath threatening that i would not walk out alive, i didn't know what to do,.....i want to just hit her to get her off me but at the same time i would've felt bad if i did. So i just eventually pushed her off me

Im so screwed,

Im going to have to do this as smooth as possible to get everything that i need without her knowing what im trying to do.

What would annoy me however is people on here then turning around and thinking that im doing this by fraud with what im about to do in gathering evidence without her knowing what im trying to do in order to build up my case against her.

[Moonie 0]

You need to call the police.

yeah, i hope so, last night we got into an arguement and she tried to strangle me, she put her hands directly on my throat and i couldn't breath threatening that i would not walk out alive, i didn't know what to do,.....i want to just hit her to get her off me but at the same time i would've felt bad if i did. So i just eventually pushed her off me

Im so screwed,

Im going to have to do this as smooth as possible to get everything that i need without her knowing what im trying to do.

What would annoy me however is people on here then turning around and thinking that im doing this by fraud with what im about to do in gathering evidence without her knowing what im trying to do in order to build up my case against her.