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Domestic Violence and possible divorce

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Filed: AOS (apr) Country: Canada


I am looking for advice in the following personal topic:

I got married to my current wife last year in Canada, she is a USC. We decided to have a kid together also we were living in Canada her residency was not yet finished; she had no adequate health coverage so she decided to give birth in the US while staying with her mum. During the time we lived in Canada I was the provider for the house while we were waiting for her paper.

In the beginning of this year, I lost my job and we decided to move to the US for better weather and may be better life; My mum is a USC living in California; she gave us an apartment till we can get established and decide to stay in Cali or moving to another state.

We filed for AOS and I paid for the fees as well my mum was helping with our needs. I was keeping the baby at home while waiting for my GC. She started her new job, also the income was not enough but it was better than staying home

The emotional abuse from my wife started early when we moved to the US, she started putting me down for not having a job, for staying in an apt given by my mum,...etc. The verbal abuse transformed into physical against the baby and myself...She admitted several times that she didn't want a baby and living with me is not what she wants.

Finally, I received my conditional GC but for an unknown reason, she was upset to the point that on the next day she was angry all day long threatening to give the baby to the social service and to move to a shelter. I tried to calm her but it caused an opposite effect. While holding the baby she broke a bunch of dishes and I felt threatened. She called the cops, when they came they cuffed her and filed charges of domestic violence against her. She spent the night in jail and in the next morning the judge denied her any contact with the baby or me.

Since she closed the joint bank account and I am alone with the baby with no income.

What are my options? Can I file ROC with DV waiver?

She signed the I-864; can I force her to support us (the baby and me)?

Any advice!!!

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Join the VAWA thread and ask for Sandra. She is a VJ member who is also a lawyer who works with VAWA cases. Good luck!




03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

06/27/13 - Biometrics completed in Milwaukee, WI - Day 30

09/10/13 - Application approved! - Day 105

09/14/13 - 10 year Green Card received! - Day 109


05/10/16 - Mailed N-400 - Day 00

05/12/16 - Application delivered - Day 02

05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

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Since you already have the Conditional GC then you should be able to obtain the Permanent GC by removing conditions by yourself with a divorce waiver. Once you are divorced you can begin the ROC by yourself with the divorce decree. You will still need to prove that the marriage was entered in good faith, so gather all evidence you can right now.

I do not know for sure if you can force your wife to support you, so I can't say anything about that.


Sent AOS Package: Feb 2014

Received Green Card: September 2014


Sent ROC Package: Sep 2016

Approved: Feb 2018 


Filed: 7/9/19 online

Bios: 7/29/19

Interview: 12/10/19

Oath: 01/07/2020


July 2019  N400 spread sheet: https://docs.google.com/spreadsheets/d/19rv0w-Ls_-225a0AqzhsTObXb2DcT07oACpdIHhn9dE/edit

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Filed: Citizen (apr) Country: Canada

If you don't have a lawyer get one. File for emergency custody now!

I don't want to make light of what happened but you said she changed after she had the baby. If she will listen to you she needs to see a doctor about possible postpartum depression.


Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS


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