CR1 visa- Now Ongoing Divorce Case - Husband not cooperating/ Illegally held personal belongings

[tcy 29]

Hello Everyone,

 

Few years ago I was an active member of this forum. After a wait of 2.5 years I got my visa and moved to US. Unfortunately I didn't know what was awaiting me. Once I moved my husband started treating me badly, was subjected to emotional abuse, he forced me to sleep in separate room. This continued for 2.5 months. He wanted a divorce. So once I got my card I left his house in 2019. After that he told me he'll file for divorce and I should sign. I agreed to do so because I was emotionally broken and didn't want to ever return to man who had no feelings or respect. But in that process he held on to my wedding jewelry, my clothes and purposely held those so that I don't demand any compensation or alimony. I even begged him that if he doesn't have feelings then file for divorce and let go of me. He always threatened me he'll get me deported if I claim for anything. Nevertheless, finally this year after waiting for 2 years I filed for divorce and claimed for belongings, my jewelry, and compensation for frauding me, traumatizing and leaving me stranded. Currently he is yet to respond to court order. I am afraid he'll hide my belongings and not give divorce. Is there any way I can get help from authorities or complain to immigration for frauding me. I want to punish him but don't know what resources are available for someone like in my situation. Will appreciate any advice!!

 

 

[payxibka 10,044]

No punishment will be forthcoming from the immigration side, so nothing there for you

[tcy 29]

2 minutes ago, payxibka said:

No punishment will be forthcoming from the immigration side, so nothing there for you

Ohh all these past 2 years he kept accusing me of fraud and malicious things and said he'll only return my belongings after divorce but he didn't file. If I asked he'd say if I force things he'll get me deported because I'm a fraud. Its unfortunate but I'm the one whose been betrayed and cheated 😔

[mushroomspore 3,043]

23 minutes ago, tcy said:

Hello Everyone,

 

Few years ago I was an active member of this forum. After a wait of 2.5 years I got my visa and moved to US. Unfortunately I didn't know what was awaiting me. Once I moved my husband started treating me badly, was subjected to emotional abuse, he forced me to sleep in separate room. This continued for 2.5 months. He wanted a divorce. So once I got my card I left his house in 2019. After that he told me he'll file for divorce and I should sign. I agreed to do so because I was emotionally broken and didn't want to ever return to man who had no feelings or respect. But in that process he held on to my wedding jewelry, my clothes and purposely held those so that I don't demand any compensation or alimony. I even begged him that if he doesn't have feelings then file for divorce and let go of me. He always threatened me he'll get me deported if I claim for anything. Nevertheless, finally this year after waiting for 2 years I filed for divorce and claimed for belongings, my jewelry, and compensation for frauding me, traumatizing and leaving me stranded. Currently he is yet to respond to court order. I am afraid he'll hide my belongings and not give divorce. Is there any way I can get help from authorities or complain to immigration for frauding me. I want to punish him but don't know what resources are available for someone like in my situation. Will appreciate any advice!!

 

 

I'm so sorry for your pain and trauma. But unfortunately this isn't really an immigration issue. It's a domestic issue and USCIS has zero jurisdiction over that. It is not their job to investigate or punish US citizens unless those US citizens are involved in extremely intense immigration-related crimes like human trafficking rings or visa mills. While your marriage definitely sounds like it was abusive, it does not fall under what USCIS and the courts would legally consider criminal and fraudulent in terms of immigration. The good thing is that your ex has no power or authority over your immigration status. That is 100% your responsibility. And you should consult a divorce lawyer. Divorce laws vary state by state, but I'm pretty sure most states (if not all) do not require both parties to approve the divorce. You should document his abusive behavior and give it to your lawyer to present in divorce court. Report your ex to the police as well and get a police escort to get your stuff back. Divorce and move on.

Edited May 19, 2021 by mushroomspore

[tcy 29]

10 minutes ago, mushroomspore said:

I'm so sorry for your pain and trauma. But unfortunately this isn't really an immigration issue. It's a domestic issue and USCIS has zero jurisdiction over that. It is not their job to investigate or punish US citizens unless those US citizens are involved in extremely intense immigration-related crimes like human trafficking rings or visa mills. While your marriage definitely sounds like it was abusive, it does not fall under what USCIS and the courts would legally consider criminal and fraudulent in terms of immigration. The good thing is that your ex has no power or authority over your immigration status. That is 100% your responsibility. And you should consult a divorce lawyer. Divorce laws vary state by state, but I'm pretty sure most states (if not all) do not require both parties to approve the divorce. You should document his abusive behavior and give it to your lawyer to present in divorce court. Report your ex to the police as well and get a police escort to get your stuff back. Divorce and move on.

Thank you for your advice! Appreciate it Yes now I'm looking  to get a default judgement by court if possible so that I can get divorce and get my belongings but my only regret is I couldn't really punish him for destroying my life and putting me through this hell. Hoping for the best 

Edited May 19, 2021 by tcy

[African Zealot 1,452]

Yes unfortunately you can’t punish him. All the best.

[Boiler 43,426]

Do you have a Divorce Lawyer, you make it sound like you do not.

[milimelo 4,191]

Since you lived in the same house, you could’ve gone to police and had an officer come out with you so you can get your possessions. 

[tcy 29]

Just now, Boiler said:

Do you have a Divorce Lawyer, you make it sound like you do not.

No I do. I filed for divorce 4 months ago. But my spouse wasn't taking papers. Everytime processor went to serve he'd not open door. Till date he's trying to manipulate me saying if he files response I'll get deported. All rubbish claims! After 5 attempts court ordered to drop papers at his door. After which he'd have 25 days or so to respond...that deadline has already passed and he didn't respond to that petition till date. I know I can probably still get divorce but I'm worried what if he keeps hiding makes it even more painful and frustrating. All my belongings are with him at his home. 

[tcy 29]

11 minutes ago, milimelo said:

Since you lived in the same house, you could’ve gone to police and had an officer come out with you so you can get your possessions. 

Actually I left that house and flew to NY to my extended family because I didn't have anyone in dallas. Back then he claimed he'll file for divorce and send my belongings. I wasn't even in that state to think so much. I was still in shock that how could he be so harsh...its only later I realized it was his ploy to keep me away from getting out of it. 

 

While I was in that house he'd tell me repeatedly let's get divorced, I was a burden on him, parasite etc...all kinds of things. So when I decided to leave I was sure he'll end it because he wanted to!! I fail to understand why is he subjecting me to this nightmare today if it was him who wanted a divorce in the first place. So frustrating

Edited May 19, 2021 by tcy

[nastra30 1,979]

Op, divorce and move on. At this point he has no hold your immigration status because you entered into the marriage in good faith, so the divorce won't necessarily take away your greencard. Don't let him use that to scare you.

[Mike E 11,723]

Sorry this happened to you.  
 

You don’t need his cooperation to get a divorce.

 

Before your two year green card expires you must file an I-751 to remove conditions on your green card.  You can do this within 90 days of its expiration, or as soon as you have a final divorce decree.  
 

Focus on completing a divorce.  

[JeanneAdil 6,191]

get on the butt of your lawyer as there are things to do 

 

Texas Rule of Civil Procedure 106 requires that the process server first try to deliver the papers in person or by certified mail. 

You can ask the court to serve them in another way if trying to serve them in person or by certified mail didn't work. Texas rules now let you serve people by e-mail or even social media. This is called substituted service.

[laylalex 7,245]

2 minutes ago, JeanneAdil said:

get on the butt of your lawyer as there are things to do 

 

Texas Rule of Civil Procedure 106 requires that the process server first try to deliver the papers in person or by certified mail. 

You can ask the court to serve them in another way if trying to serve them in person or by certified mail didn't work. Texas rules now let you serve people by e-mail or even social media. This is called substituted service.

She was already permitted to do drop service at his house, so she doesn't need to worry about service. Her husband passed the time he had to respond, so she can now get the divorce entered by default, if I am reading correctly what she wrote. I agree her lawyer (if she has one?) needs to get moving on the default now that the time is passed for him to file something.

 

OP, your best revenge is moving on and living your very best life. I wanted to punish my ex so badly when he left me and basically took everything out of our joint bank account, cut off my access to our credit cards (I was only ever an authorized user), etc. I had a rough time in the months that followed until I got organized and took control. I kept on top of the divorce and asked a lot of questions. My lawyer was very sympathetic and fought hard for me. It was good to have someone hold my hand while I got my footing again because I was heartbroken and my whole world had been turned upside down. If you can afford a lawyer, get one. If not, there are often self help clinics at the courts to guide you. Rely on your friends and family, don't be ashamed of what has happened. 

 

Best of luck. You are going to come out of this stronger and happier in the end. Losing possessions can feel hard but in the end, they're only things, even if they seem dear to you. Sometimes it's better to let them go if you must in order to take care of yourself. 

[tcy 29]

6 minutes ago, JeanneAdil said:

get on the butt of your lawyer as there are things to do 

 

Texas Rule of Civil Procedure 106 requires that the process server first try to deliver the papers in person or by certified mail. 

You can ask the court to serve them in another way if trying to serve them in person or by certified mail didn't work. Texas rules now let you serve people by e-mail or even social media. This is called substituted service.

Yes initially we tried serving through police constable. He opened the door and misbehaved without giving away his identity and closed door on the lady constable. But the lady identified that as my spouse looking at his driving license. Then we decided to go with substitute service and went with private processor. 5 more attempts were made. In those 5 attempts he/some male from his fam opened door and were not ready to take papers or reveal where my spouse was. On other occasions the processor noted that there were shadows inside house who'd purposely not open door and wait till he left. 

 

After all this chaos, we again got another motion for substitute service where court asked processor to leave papers at his door because he was intentionally avoiding taking them..