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mshaffer

Russian friend is being threatened by American Husband

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Hi,

We have a russian friend Kristina that arrived from Moscow about the same time as my wife Natalya. With her husband, she has had a son, just like we have had. Our timelines are about the same, so we began developing a friendship.

Then we have heard and seen things that are not cool:

  • He is a bit stable, probably a manic.
  • He has kicked her out of the house on more than one occasion. He has denied her food, and monitors all of her spending.
  • He recently did not allow her to go to Moscow to attend her brother's funeral.
  • He has hidden her passport as well as her 10-month old son's passport.

So she shared some of this with my wife, and we are trying to inform her of her options. She is a conditional green card holder, speaks pretty good English, and she wants to know her rights.

  1. Can he deport her?
  2. Can he withdraw his AOS?
  3. She has no financial resources, how does she proceed with filing a divorce (if that is what she wants to do)?
  4. Can he force her out of this house? He claims he owned it before (paid in full) their marriage, but they have been living there for 2 years.
  5. What rights does she alimony/child support if she chooses to divorce him?

Anyway, when he is UP, he promises to change and do anything she asks. When his is DOWN, he is emotionally tormenting her.

Any advice is appreciated.

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I guess he threatened to get her deported or pull her AOS.

1) No, he can't deport her.

2) No, he can't pull the AOS.

3) There are many free or low cost resources available for divorce situations. Start with internet searches in her area.

4) He can't force her out of the house but if he has physically abused her she should file domestic violence charges.

5) Every state has different laws about child support and spousal support. A lawyer will give you the proper answers. A lot of times it's income comparison based. His versus hers.


 
12/31/2015 - New Year's Eve 2015 Engagement
03/19/2016 - I-129F Package sent via Express Mail (Cashier's Check)

03/21/2016 - Notice of Receipt (Text/Email)

03/24/2016 - NOA1 Approval :dancing:

06/13/2016 - NOA2 Approval :dancing:

07/13/2016 - NVC Case received and Case # Assigned. YES!!!! :dancing:

07/19/2016 - K-1 document package arrives Tokyo, Japan Consulate

07/22/2016 - Packet 3 Received and Returned

08/07/2016 - Tokyo Embassy Interview...APPROVED!!! :dancing:

08/09/2016 - Passport & Visa Received from Embassy

09/29/2016 - POE San Francisco, CA

10/28/2016 - MARRIED!

11/09/2016 - AOS Package Received

11/18/2016 - Electronic I-131, I-765 NOA1, I-485 Biometrics Fee Acknowledged.

11/26/2016 - I-131, I-765 NOA1 Letters Received

11/27/2016 - I-485 NOA1 Received

12/14/2016 - Biometrics Done

02/11/2017  - RFE Recieved for EAD

02/13/2017 - Response to RFE Sent for EAD

02/21/2017 - EAD & I-131 Approved

03/01/2017 - EAD/AP Combo Card Received

 

 

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Advice marriage counseling and psych evaluation for him. If that doesn't help and if he is bi polar and refuses to take meds or try to control his

behavior then she can divorce him and file ROC with a divorce waiver.

Since a child is involved I suggest getting a lawyer to arrange custody and child support, without one it may not be an outcome she

wants. Hopefully she can make arrangements to get the money for a lawyer or find a pro bono lawyer.

She should move out and into a shelter if he is abusive.

She should also collect evidence of a good faith marriage and co mingled financial evidence which she will need for ROC later.

See the ROC guide and list of good evidence.

To get her passport back she should file a police report.

Since he is unstable and may go off tell her to first be safe before she makes a move, thus moving out and filing a restraining

order if he threatens her or the child.


Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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Getting away from a maniac is important to safeguard her and the child

when he has a melt-down she should call 911.

She has to put on her big girl drawers, and go to her embassy and apply for

her passport, then go to infopass get it stamped, and try to get herself a

partime job even.She will have to have a caregiver thats safe while she works

you both could help her. She can go to a shelter and things will get better

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Sounds like slavery.

I assume that she doesn't work, so she has no money whatsoever. This is what these guys plan for. She basically has no way out. But she can go to a battered women's shelter. There, they may be able to help her find free lawyer to file the divorce.

Can she get family/friends to send her some money to be able to break away from this guy and be able to survive on her own? Without some financial help from somebody, I don't see a way to divorce, move out, file for ROC, and live in the US on her own.

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When My wife was issued her Visa in Kazakhstan the Consulate gave her a brochure describing both in English and Russian guidance and resources in the event of domestic violence or other situations a K-1 Visa holder might need some assistance with. I looked on the USCIS website and there is a great deal of guidance there as well. It is my understanding if there is indeed domestic violence of any kind there are legal protections available including protection of LPR status.


09/15/2014 Privet

09/17/2014 Met on Skype

11/14/2014 First Trip!

11/17/2014 Engaged!

02/06/2015 Second Trip!

03/02/2015 Sent I-129F

03/05/2015 NOA1!

04/06/2015 RFE

04/10/2015 RFE Answered

04/21/2015 NOA2!

05/08/2015 NVC

06/03/2015 Ready for Interview!!!

06/04/2015 Interview Scheduled for 6/23/2015!

06/18/2015 Interview postponed to 07/07/2015 due to Visa System Database Shutdown.

07/07/2015 Interview! APPROVED! Pick up Visa 3:00 pm Thursday 07/09/2015!!!

07/09/2015 Visa in hand!!!!!

07/12/2015 Purchased Airline tickets - Arriving KLAX 07/30/2015 at 11:45 am Local Time!!!!

07/30/2015 Arrived Los Angeles International Airport

08/21/2015 Married!!!!!!!!

10/04/2015 AOS/EAD/AP Filed

10/13/2015 AOS/EAD/AP NOA1

11/13/2015 Biometrics Completed

12/04/2015 AOS Application Ready - Interview Scheduled 01/14/2016!

01/04/2015 EAD/AP Approved

01/08/2016 EAD/AP Card Arrived

01/14/2016 AOS Interview APPROVED!

01/20/2016 Green Card Delivered to the USPS - ETA 01/23/2016

01/23/2016 Received Green Card!!!

10/16/2017 Sent I-751 ROC to California Service Center

10/19/2017 NOA1 ROC

11/13/2017 Biometrics Appointment.

10/16/2018 Filed N-400 Online

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