ROC after divorce

[Georgia16 2,858]

47 minutes ago, Depressed247 said:

A month ago he said he was going to file for a divorce because I am not doing what he says and he is the man and his wife should do as he says. He went to his lawyer but when he got back he was no longer proposing divorce, instead he was saying I can leave if I want, would it make a difference? If I was to go and spend a few weeks with my family can he say I abondon the marriage? it seems his lawyer is telling him it have to look like it's my fault the marriage end, will this affects my ROC? If I took the initiative will that put me in a bad light? I just get the feeling his lawyer is telling him it would look bad on me. I got HHA certified and wants to work, ( he told me I can't) but I want and have to. He doesn't give me allowance and if I want something he will take me to buy it instead of giving me money to buy it myself, and I do mean everything. Besides the joint assets and the other big things that I don't havecan you guys suggest any thing else besides what I list that I could use as evidence? If I don't read your responses it means he took away my iPad or turn off the wifi.

So thanks for all responses in advance

Do you have a DL or state ID. If you do then maybe you could get a copy of his DL and that way you can also show the same address that way and add that to your evidence 

[Алекс и Эрин 105]

3 hours ago, Depressed247 said:

I was prevented from working so I don't have money to file. I do love him and just wish he would at least seek counseling, maybe if someone show him the error of his ways he would change.

Whatever it is you are feelling, it's not love.  It's fear.  I was in an abusive relationship many, many years ago and believe me, they don't change.  It only gets worse.  I know it is hard especially when you have convinced yourself otherwise.  Please please get out while you can, you deserve better than to be treated like such.  Real love should not hurt.

[Hopeful diva 99]

Your husband is extremely abusive and I see this becoming physical soon... do not let it get to that. You should leave as soon as possible. Seems like you already have enough proof of bonafide marriage. 

[Mary Lou 671]

4 hours ago, Seth And Quynh said:

get a divorce and end it in good faith he's maybe trying to lead you on till the Removal of conditions and then he won't agree to it and he will send you back.

She isn't a shirt that can be returned to Walmart, he can't "send her back" It sounds like the OP entered the marriage in good faith, she has bonafide evidence and should be able to ROC on her own.

[Dashinka 23,251]

5 hours ago, Depressed247 said:

A month ago he said he was going to file for a divorce because I am not doing what he says and he is the man and his wife should do as he says. He went to his lawyer but when he got back he was no longer proposing divorce, instead he was saying I can leave if I want, would it make a difference? If I was to go and spend a few weeks with my family can he say I abondon the marriage? it seems his lawyer is telling him it have to look like it's my fault the marriage end, will this affects my ROC? If I took the initiative will that put me in a bad light? I just get the feeling his lawyer is telling him it would look bad on me. I got HHA certified and wants to work, ( he told me I can't) but I want and have to. He doesn't give me allowance and if I want something he will take me to buy it instead of giving me money to buy it myself, and I do mean everything. Besides the joint assets and the other big things that I don't havecan you guys suggest any thing else besides what I list that I could use as evidence? If I don't read your responses it means he took away my iPad or turn off the wifi.

So thanks for all responses in advance

His lawyer is probably telling him how much a divorce will cost him.  You came here and got married in good faith, he cannot throw you back like a small fish and since you have your GC and he filed an 864 (which divorce does not negate) his lawyer probably told him he would still be financially responsible for you.

 

Good Luck!

[Coco8 1,039]

This is a sad situation you are going through but I am sure you will look back on this in the near future and feel that you have overcome it.

 

Just a small piece of advice. Try to keep a record of the abuse. You could create an email address and only use it to keep notes (erase the history of the browser every time you search for stuff online or log into that email address; you can erase the last hour of the history to make it less suspicious). You might not need these records, but it is always better to keep track of everything. If you have bruises you should take pictures and save them on this email address, and then erase them from your phone. 

[Babsido 0]

Sorry to jear about your situation. Make sure to always log off of sights like this lest he sees your posts. 

Also, find somewhere safe to store copies of all your important documents, just in case. If you have a friend (not his family), have them keep a bag with all your stuff for you. So that you can have have access to them should push come to shove. 

 

Call domestic abuse hotlines. If anything, they will listen when you need to off load. Delete these numbers after calling them. Tell someone how you are being treated. Someone who knows you and him in person. Is he perhaps open to go to therapy at church? That's another idea if he is against therapists. 

 

I wish you all the luck. Please be careful. 

 

PS. What would he do if u just went to work? 

 

[Seth And Quynh 77]

5 hours ago, Mary Lou said:

She isn't a shirt that can be returned to Walmart, he can't "send her back" It sounds like the OP entered the marriage in good faith, she has bonafide evidence and should be able to ROC on her own.

That's why she should get a divorce because she entered in good faith as I said. She would be able to remove conditions on her own...

[TBoneTX 43,061]

13 hours ago, Depressed247 said:

I will feel guilty if I leave and anything happens to him health wise.

That is not your concern.

And just look at the rest of your observations in the post that contains the quote above.

Get yourself to a shelter for abused women.

[Mary Lou 671]

8 hours ago, Seth And Quynh said:

That's why she should get a divorce because she entered in good faith as I said. She would be able to remove conditions on her own...

You said he could send her back, which isn't true

[Seth And Quynh 77]

22 minutes ago, Mary Lou said:

You said he could send her back, which isn't true

Yes he could at removal of conditions if he dosen't want to proceed she would have to return if they were still married. If she gets a divorce she can remove the conditions herself because she entered in good faith. It's one of the waiver questions on the I-751 and if she's battered or abused that's also a waiver for ROC.

Edited June 15, 2017 by Seth And Quynh

[Mary Lou 671]

1 hour ago, Seth And Quynh said:

Yes he could at removal of conditions if he dosen't want to proceed she would have to return if they were still married. If she gets a divorce she can remove the conditions herself because she entered in good faith. It's one of the waiver questions on the I-751 and if she's battered or abused that's also a waiver for ROC.

If she isn't married to him, he can do nothing, not to say he couldn't try. From what the OP said, she has bonafide proof to ROC on her own. I won't speculate on the what ifs.

I wish her well, and to be able to leave her abusive situation. 

 

[Georgia16 2,858]

1 hour ago, Seth And Quynh said:

Yes he could at removal of conditions if he dosen't want to proceed she would have to return if they were still married. If she gets a divorce she can remove the conditions herself because she entered in good faith. It's one of the waiver questions on the I-751 and if she's battered or abused that's also a waiver for ROC.

Married on not he can not send her home. She is not a FedEx package. 

 

[NikLR 13,220]

2 hours ago, Seth And Quynh said:

Yes he could at removal of conditions if he dosen't want to proceed she would have to return if they were still married. If she gets a divorce she can remove the conditions herself because she entered in good faith. It's one of the waiver questions on the I-751 and if she's battered or abused that's also a waiver for ROC.

No even if the divorce wasnt finalized they will wait for the divorce decree or she can refile. At no point can HE send her home.  An immigration judge may issue a deportation order if she can't ROC but chances of that is very slim given her evidence.  I know people that have done ROC on their own with less. 

Edited June 15, 2017 by NikLR
Spelling

[Seth And Quynh 77]

53 minutes ago, Georgia16 said:

Married on not he can not send her home. She is not a FedEx package. 

 

yes he can't just send her home but he can wait it out till the Roc and wish if he want's to proceed or not, 

 I-751 petition asks USCIS to grant you permanent, rather than conditional residence. The problem is that a spouse who is no longer interested in helping you immigrate will refuse to sign this petition. Fortunately, various waivers are available, for battered spouses, immigrants who would face extreme hardship upon removal to their home countries, or spouses who entered into a bona fide marriage that was ended by divorce. Yes and i Know she's not a fedex package thank you . I'm Talking about the removal of conditions not if he can send her back or not. 

16 minutes ago, NikLR said:

No even if the divorce wasnt finalized they will wait for the divorce decree or she can refile. At no point can HE send her home.  An immigration judge may issue a deportation order if she can't ROC but chances of that is very slim given her evidence.  I know people that have done ROC on their own with less. 

yes that's why i said she should file a waiver...