Removing conditions based on a divorce /abuse

[Jackfruit 0]

Hello everyone.

I will remove conditions on GC based on divorce + abuse. I hope will have my divorce final before submitting all documents for a GC.

And I have few questions : I have few  video / phone record of my husband, threatening me .I know in IL it's illegal to record someone without his permission.But how can I use it for immigration like a proof of mental/emotional abuse???  What can I do ? Can I bring this records to a po li ce department and ask advice there ? Or can they make a report base on the records ? 

Also I have some nasty text messages from him (sex related) ,and even some with a porno pictures , saying "if you will not do this with me, I will not go for an interview " ( it was for temporary GC). Of course I feel absolutely shame to tell someone about things like that, and don't know how send copies of this messages to immigr. for my 10 years GC.

Thanks in advance for any advice !!!

[kris&me 572]

you will use that to prove abuse in divorce court

the divorce papers will say conditions of the divorce

no need to prove abuse to immigraiton

[Jackfruit 0]

Thanks for your answer!

But what exactly do you mean?  Why do I need to prove in a divorce? I can get a divorce just for not being able to get along with him. But for immigr. I must have a proof why did I left him after few months of marriage. He will say I was planning to take my temporary GC and leave him,and he already trying to make stories for immigr. how I scam him for papers.

I was planning to get un - contested divorce because I want to avoid all this stress with long term divorce time ,and want to start my new life ASAP.

Even in shelter they told me they can't give me a note for my divorce court,because it will not help, but could hurt all process .

[Jackfruit 0]

Does anyone familiar with the topic?

Thanks.

[AT20000 38]

Hi Placebo,

The texts are admissible, coercing someone into having sex under any kind of threat, constraint or duress IS domestic violence and planning to lie to the immigration is a federal offense. These texts show intent. So you are in a very strong position with that in your hands against him. This is not bright on his part to say the least.

[AT20000 38]

Method to send the incriminating texts to USCIS: Just make a screenshot of your telephone screen, save the screenshot as a picture and send this pic from your phone to your own email address. Print the screenshot and attach it to your petition.

 

Additional information and resources: I may add that it sounds easy to say "don't worry, you have the upper hand on this" for whoever like me who has already crossed these hurdles. I know it sounds terrifying (Gosh have I been there myself!) but the truth of the matter is: Your soon-to-be-ex-husband could encounter a muuuuuuch greater problem than yours if he has indeed used immigration to coerce you into any sexual contact with him (this is a state and federal offense).

I KNOW abusers want you to believe that no matter what, you are going to get in trouble, not them because the US authorities are at their beck and call. They want you to believe that THEY can decide if you leave or stay but this "I am the almighty US citizen, I can do whatever I want to/with you and you will get in trouble if you defy me" is a complete BS. They have no power, this is NOT your spouse's decision to make, USCIS, and USCIS ONLY, decides.

USCIS is fully aware of these little spineless abusers who would not have the nerves (I was thinking of another anatomic part to be honest) to pull this one on a USC or legal resident because they KNOW they would get in trouble with the law right away, yet these insecure immature nobodies inflict sheer terror to their foreign-born spouses.

There are laws and policies that are making it easier for victims to get their ROC under VAWA and NO, filing for VAWA does NOT require a psy-evaluation and/or a restraining order (I did not have either of these), if you have one, good for you, if you don't, then build your case on something else as a central piece of evidence. There are several avenues to prove domestic violence, a psy eval is just ONE of them. ONE among A LOT of possibilities. So don't be afraid, you can prove your point otherwise.

 

The state you are living in has specific provisions with regard to marital rape (In bold is the information relevant to your situation):

 

Sexual Assault: Unwanted, coerced and/or forced sexual penetration and/or touch is defined in Michigan/Illinois Statute

 

Aggravated Criminal Sexual Assault, 720 ILCS 5/11-1.30

(a) A person commits aggravated criminal sexual assault if that person commits criminal sexual assault and any of the following aggravating circumstances exist during the commission of the offense or, for purposes of paragraph (7), occur as part of the same course of conduct as the commission of the offense:

(1) the person displays, threatens to use, or uses a dangerous weapon, other than a firearm, or any other object fashioned or used in a manner that leads the victim, under the circumstances, reasonably to believe that the object is a dangerous weapon;

(2) the person causes bodily harm to the victim, except as provided in paragraph (10);

(3) the person acts in a manner that threatens or endangers the life of the victim or any other person;

(4) the person commits the criminal sexual assault during the course of committing or attempting to commit any other felony; (hint : Him trying to extort money from you to attend USCIS interview which constitutes marriage fraud and can involve -for him- imprisonment for up to five (5) years and fines up to $250,000)

(5) the victim is 60 years of age or older;

(6) the victim is a physically handicapped person;

(7) the person delivers (by injection, inhalation, ingestion, transfer of possession, or any other means) any controlled substance to the victim without the victim's consent or by threat or deception for other than medical purposes;

(8) the person is armed with a firearm;

(9) the person personally discharges a firearm during the commission of the offense; or

(10) the person personally discharges a firearm during the commission of the offense, and that discharge proximately causes great bodily harm, permanent disability, permanent disfigurement, or death to another person.

....]

 

Edited March 16, 2018 by AT20000