Do I even have a chance?

[Yasmin1981 0]

 

Hello dear VJ member, I would like your advise. Here is my situation:

 

I got my conditional 2 year green card ( marriage to a US citizen ) and the guy is a jerk. Humiliation after humiliation, mental abuse of all types, he made my life a hell.

 

I just could not take it anymore. I was dealing with depression, anxiety, suicidal thoughts and hopeless and he was getting worse everyday to the point he was treating me like I was an animal.

 

so After 7 months of my 2 year green card, I decided to leave him. ( I even did a police report explaining why I was leaving the house )

 

I had no money at all, so I stayed with friends a couple of days, but depression was killing me. I went to my country to get treatment and to be close to my family. I was having panic attacks, I don't even know who to explain how I survived.

 

I stayed in my home country for 10 months and came back to the US. I did not have any problems getting in (  without a reentry permit )

I stayed with friends in America for 1 month to try to figure out what Im gonna do with my life, but then return back to my home country because my panic attacks were back.

So another 2 and half months stay outside of the US getting more treatment and adjusting medication.

 

I just arrived back in America and tomorrow starts the 90 day mark to Remove conditions. Im not divorced yet. I still have jointly bank account, jointly tax return, apartment leasing on both our names, car insurance on both our names....but of course Im not asking him anything....So the idea would be to get divorced and apply for the DIVORCE waiver.

 

But with all this time outside the US, do I even have a chance of getting the Removal of conditions approved??

 

I never wanted to abandone my green card, Im sick and unfortunately was difficult to me to get the properly medical treatment in this country.

Im currently studying to get a license to be able to work in my field in the US.

 

 

 

 

 

[NancyNguyen 1,657]

You can proceed with your divorce now, it looks like your marriage is over for a while already and file i-751 with divorce waiver. USCIS will know about your absence so be truthful on the application. You will have a chance to explain it at the interview. Good luck.

[Ontarkie 13,916]

~~Moved to Effects of Major Family Changes, from ROC- As similar threads are discussed here.~~

 

Mod Hat off 

 

You will need to show you entered the marriage in good faith.

You need to make sure you did not need to be a resident in your home country to use that countries medical system. Some Countries require you to be a resident of that country even if it's your home country. If you claimed to be a resident of your home country to use the medical system  it can be viewed as you giving up your US Residency. As for US immigration you cannot be a resident of two countries at the same time. 

[Boiler 43,434]

II know what the situation is in the UK, to use the NHS then you need to be UK Resident, you can certainly still get treatment but it would need to go Private.

 

So which Country?

[Yasmin1981 0]

1 hour ago, Ontarkie said:

~~Moved to Effects of Major Family Changes, from ROC- As similar threads are discussed here.~~

 

Mod Hat off 

 

You will need to show you entered the marriage in good faith.

You need to make sure you did not need to be a resident in your home country to use that countries medical system. Some Countries require you to be a resident of that country even if it's your home country. If you claimed to be a resident of your home country to use the medical system  it can be viewed as you giving up your US Residency. As for US immigration you cannot be a resident of two countries at the same time. 

thank u guys

 

so u think I have a chance?

[Yasmin1981 0]

56 minutes ago, Boiler said:

II know what the situation is in the UK, to use the NHS then you need to be UK Resident, you can certainly still get treatment but it would need to go Private.

 

So which Country?

Brazil

my treatment was all private!

 

[Ontarkie 13,916]

As long as you have proof your marriage was real you have a chance. If they ask about your long stays out, you can tell them you were getting treatment and show them your private coverage. 

[retheem 553]

Why don't you pursue VAWA? I don't knw much about it. but it sounds like something that you may be qualified for

[Ontarkie 13,916]

17 minutes ago, retheem said:

Why don't you pursue VAWA? I don't knw much about it. but it sounds like something that you may be qualified for

VAWA does not apply she already has a GC.

[laylalex 7,247]

7 minutes ago, retheem said:

Why don't you pursue VAWA? I don't knw much about it. but it sounds like something that you may be qualified for

You don't need VAWA if you're seeking to remove conditions. She can simply file for divorce and go through the divorce waiver process. From what I understand conditions can be removed where there has been extreme cruelty but it is straightforward to do with the divorce waiver, no need to prove much of anything except a bona fide marriage and the regular commingling of lives before divorce.

 

To the OP: please, please file for divorce. I was treated to emotional cruelty throughout my marriage and it was hell. I stuck around for over 6 years because I was so used to it, it seemed like this is what was normal. It was not normal. He left me three years ago claiming I cheated on him, when I had not. When he filed for divorce, it was a gift. I'm still putting the pieces back together three years later. I also suffer from an anxiety disorder, it actually predated meeting him but it didn't get better when I was with him. My fiance has been unbelievably patient and kind throughout the time we have been together, putting up with me changing my mind a million times about whether I could commit to marriage again. I still do stupid stuff, still respond to text messages my ex sends me because I got used to being there to serve him. It takes a long time to unlearn some behaviors, so be kind to yourself during this time. Lean on your family and friends -- they want to help. Trust me. I couldn't have gotten through all of this without them.

 

You are stronger than you know. Trust that this will be over soon, your conditions will be removed, and you can live a free and peaceful life without him. ❤️ 

[Yasmin1981 0]

1 hour ago, laylalex said:

You don't need VAWA if you're seeking to remove conditions. She can simply file for divorce and go through the divorce waiver process. From what I understand conditions can be removed where there has been extreme cruelty but it is straightforward to do with the divorce waiver, no need to prove much of anything except a bona fide marriage and the regular commingling of lives before divorce.

 

To the OP: please, please file for divorce. I was treated to emotional cruelty throughout my marriage and it was hell. I stuck around for over 6 years because I was so used to it, it seemed like this is what was normal. It was not normal. He left me three years ago claiming I cheated on him, when I had not. When he filed for divorce, it was a gift. I'm still putting the pieces back together three years later. I also suffer from an anxiety disorder, it actually predated meeting him but it didn't get better when I was with him. My fiance has been unbelievably patient and kind throughout the time we have been together, putting up with me changing my mind a million times about whether I could commit to marriage again. I still do stupid stuff, still respond to text messages my ex sends me because I got used to being there to serve him. It takes a long time to unlearn some behaviors, so be kind to yourself during this time. Lean on your family and friends -- they want to help. Trust me. I couldn't have gotten through all of this without them.

 

You are stronger than you know. Trust that this will be over soon, your conditions will be removed, and you can live a free and peaceful life without him. ❤️ 

thank u for ur message

im just worried because I spent too much time outside the US

im afraid they gonna think I abandoned him

4 hours ago, Ontarkie said:

As long as you have proof your marriage was real you have a chance. If they ask about your long stays out, you can tell them you were getting treatment and show them your private coverage. 

thank you. should I mention the long stay when I file for ROC or just if they ask???

 

[Sparkle Sparkle 913]

In addition to what others have said... I will advise you hold on to any paper documents or evidence that you have showing you went through extensive treatment in your home country... You might need it for divorce waiver or interview that might follow. 

[TBoneTX 43,058]

And obtain certified translations of those documents, sooner rather than later.

[Jer1234 65]

You  still have a chance  ,though it would've been best to have the divorce finalize before the 90 day window,so u can file the waiver with the divorce decree along with the evidence you have, if theres no chance of getting back together you should file for divorce and file to remove your conditions with a waiver ,without the divorce decree. Youl will then get a RFE for the divorce decree, hopefully by then youl have it to send them..just be honest and stay positive #All the best

Edited April 5, 2020 by Jer1234

[little immigrant 800]

4 hours ago, laylalex said:

You don't need VAWA if you're seeking to remove conditions. She can simply file for divorce and go through the divorce waiver process. From what I understand conditions can be removed where there has been extreme cruelty but it is straightforward to do with the divorce waiver, no need to prove much of anything except a bona fide marriage and the regular commingling of lives before divorce.

 

To the OP: please, please file for divorce. I was treated to emotional cruelty throughout my marriage and it was hell. I stuck around for over 6 years because I was so used to it, it seemed like this is what was normal. It was not normal. He left me three years ago claiming I cheated on him, when I had not. When he filed for divorce, it was a gift. I'm still putting the pieces back together three years later. I also suffer from an anxiety disorder, it actually predated meeting him but it didn't get better when I was with him. My fiance has been unbelievably patient and kind throughout the time we have been together, putting up with me changing my mind a million times about whether I could commit to marriage again. I still do stupid stuff, still respond to text messages my ex sends me because I got used to being there to serve him. It takes a long time to unlearn some behaviors, so be kind to yourself during this time. Lean on your family and friends -- they want to help. Trust me. I couldn't have gotten through all of this without them.

 

You are stronger than you know. Trust that this will be over soon, your conditions will be removed, and you can live a free and peaceful life without him. ❤️ 

OMG block him and get a new number. That's what I did