Conditional Residency and Spousal Abuse

[teenidle00 0]

Hi guys. I received my conditional green card last Sept 23, and today, Oct 24, my husband physically abused me. We had an argument and it escalated physically. I want to leave him, but I'm scared that my residency would be revoked if I did so. That, and all of our possessions are co-mingled (also financial ones) so I'm scared that I would be penniless. I don't want to involve the police as much as possible, but I do want to leave him. Should I go for the I-360 route? I'm not sure if that applies to me anymore since I already received my green card.

Any advice as to what processes to take would be appreciated.

[Cathi 5,630]

divorce and you can remove conditions on your own

[Penguin_ie 5,988]

***** Moving from ROC to Effects of Major Changes forum where our VAWA experts can help *****

[Sandra G. 5,026]

You cannot file I-360 because you already have a green card, you can file the I-751 waiver based in extreme cruelty/bonafide marriage or to file I751 just based on bonafide marriage.To file based in extreme cruelty you must have proof of the abuse.

Edited October 25, 2016 by sandranj

[teenidle00 0]

Thanks for the replies. I took pictures of the grazes that I had, I was just wondering about going to the doctor to assess that my injuries weren't self-inflicted: if they do that and i disclose that I was abused they would take action against my spouse, right?

My boss is taking me to see one of his friends who is a counselor to see what kind of help I can be provided with. I'm just scared of losing my status when this all blows over. What kind of further evidence would suffice? He has also verbally threatened me thrice before.

[EM_Vandaveer 2,377]

You can do a divorce waiver I-751, it's not necessary to do an abuse waiver I-751.

[Teddy B 17,251]

You can do a divorce waiver I-751, it's not necessary to do an abuse waiver I-751.

Divorce waiver is easier as well.

[Teddy B 17,251]

Hi guys. I received my conditional green card last Sept 23, and today, Oct 24, my husband physically abused me. We had an argument and it escalated physically. I want to leave him, but I'm scared that my residency would be revoked if I did so. That, and all of our possessions are co-mingled (also financial ones) so I'm scared that I would be penniless. I don't want to involve the police as much as possible, but I do want to leave him. Should I go for the I-360 route? I'm not sure if that applies to me anymore since I already received my green card.

Any advice as to what processes to take would be appreciated.

Get proof of all your co-mingled finances before leaving if possible. This will make it easier to prove a bonafide marriage.

In the long run it might be easier for you to simply leave the marriage and file for ROC with a divorce waiver. But if you feel you want to involve the authorities, by all means do so.

[teenidle00 0]

Thanks guys. I'm just worried that I just got my green card and then I'm going to leave him already and that might be a red flag to the USCIS.