Getting divorce while removing conditions on residency

[Zahra17 4]

Hello everyone!

I am a green card holder I applied on removing conditions on residency and it's still processing since November 2020. 

The problem is that my American spouse is very abusive we have been married for 4 years now and since I gave birth and my parents died things got only worst.

I am at a point where I can't take it anymore but he knows my weakness (my baby) so he keeps on threatening me by taking him away from me if I ever thought of divorcing him.

He tells me that since I have no job no income the court gonna see I can't support my son and he will be taken from me and he will cancel my green card and I will be deported back home and I will never see my son again. 

I cry day and night I am humiliated constantly and I feel alone and stuck.

Also we are currently under government orders in germany because he is a DOD civilian. So it makes things more complicated. 

Pleasesssssss help a sister out. Can he really take my son for me???? He is all I have and I can't imagine living without him. 

Also can he prevent me from going back to the states or deport me back home???

Please I need to know my rights because so far all I know is what he is telling me 

( Military Police got involved at one point because my neighbors were concerned for me but they couldn't do anything since he works with the government and not directly with the military)

[mushroomspore 3,044]

31 minutes ago, Zahra17 said:

Hello everyone!

I am a green card holder I applied on removing conditions on residency and it's still processing since November 2020. 

The problem is that my American spouse is very abusive we have been married for 4 years now and since I gave birth and my parents died things got only worst.

I am at a point where I can't take it anymore but he knows my weakness (my baby) so he keeps on threatening me by taking him away from me if I ever thought of divorcing him.

He tells me that since I have no job no income the court gonna see I can't support my son and he will be taken from me and he will cancel my green card and I will be deported back home and I will never see my son again. 

I cry day and night I am humiliated constantly and I feel alone and stuck.

Also we are currently under government orders in germany because he is a DOD civilian. So it makes things more complicated. 

Pleasesssssss help a sister out. Can he really take my son for me???? He is all I have and I can't imagine living without him. 

Also can he prevent me from going back to the states or deport me back home???

Please I need to know my rights because so far all I know is what he is telling me 

( Military Police got involved at one point because my neighbors were concerned for me but they couldn't do anything since he works with the government and not directly with the military)

US citizens as individuals have zero power to deport immigrants or to cancel green cards. How would that even be possible for a single random person to do? Only USCIS and the immigration officials have those powers and even then, they need due reason. Since you are already a perm resident, your abuser has zero power or say in that. I always kinda laugh when I see people saying that they can get their spouse deported or have the green card cancelled. Immigration benefits are granted by USCIS, not our US citizen spouses.

 

For the I-751, I believe you simply need to notify USCIS that yoy are switching from a jointly filed petition to a divorce petition and present evidence you have filed for divorce. They will ask for the official divorce decree once it is done and you have it. As for your child, well, that's a domestic divorce issue not related to USCIS. Document the abuse and show it to a lawyer who will fight for you to have primary custody. Get somewhere safe. Do not be alone. Do not talk to or communicate with your abuser. Transfer the responsibility of communications to your lawyer. Also, get a job. Abusers completely rely on isolating and making their victims helpless and dependent.

Edited August 15, 2021 by mushroomspore

[Zahra17 4]

2 hours ago, mushroomspore said:

US citizens as individuals have zero power to deport immigrants or to cancel green cards. How would that even be possible for a single random person to do? Only USCIS and the immigration officials have those powers and even then, they need due reason. Since you are already a perm resident, your abuser has zero power or say in that. I always kinda laugh when I see people saying that they can get their spouse deported or have the green card cancelled. Immigration benefits are granted by USCIS, not our US citizen spouses.

 

For the I-751, I believe you simply need to notify USCIS that yoy are switching from a jointly filed petition to a divorce petition and present evidence you have filed for divorce. They will ask for the official divorce decree once it is done and you have it. As for your child, well, that's a domestic divorce issue not related to USCIS. Document the abuse and show it to a lawyer who will fight for you to have primary custody. Get somewhere safe. Do not be alone. Do not talk to or communicate with your abuser. Transfer the responsibility of communications to your lawyer. Also, get a job. Abusers completely rely on isolating and making their victims helpless and dependent.

Thank you so much!!!!! I tried to find a job wich he only agreed to let me work if I gave him 50% of my pay check.

but no luck since we are overseas and I am only a green card holder and I am not from an oconus country I can't work on base and I don't speak the local language so I can't be financially independent even though it would've helped a lot in my case.

I will be contacting JAG soon for more informations about my situation 

[nastra30 2,288]

2 hours ago, mushroomspore said:

Also can he prevent me from going back to the states or deport me back home???

No, he can't prevent you from going back to the states. You are a permanent resident so you can go back. But you need a divorce lawyer to sort out child custody issues.

The best for you is find a divorce lawyer, divorce him and go back to the States and find a job and be happy. Continue the ROC with a divorce waiver.

Edited August 15, 2021 by nastra30

[Ed&Midori1031 330]

17 hours ago, Zahra17 said:

Hello everyone!

I am a green card holder I applied on removing conditions on residency and it's still processing since November 2020. 

The problem is that my American spouse is very abusive we have been married for 4 years now and since I gave birth and my parents died things got only worst.

I am at a point where I can't take it anymore but he knows my weakness (my baby) so he keeps on threatening me by taking him away from me if I ever thought of divorcing him.

He tells me that since I have no job no income the court gonna see I can't support my son and he will be taken from me and he will cancel my green card and I will be deported back home and I will never see my son again. 

I cry day and night I am humiliated constantly and I feel alone and stuck.

Also we are currently under government orders in germany because he is a DOD civilian. So it makes things more complicated. 

Pleasesssssss help a sister out. Can he really take my son for me???? He is all I have and I can't imagine living without him. 

Also can he prevent me from going back to the states or deport me back home???

Please I need to know my rights because so far all I know is what he is telling me 

( Military Police got involved at one point because my neighbors were concerned for me but they couldn't do anything since he works with the government and not directly with the military)

I'm sorry that you are going through with this.  

Your husband is not the one to decide who gets to keep your son, that's solely on the courts decision.  

 

As far as ROC, contact USCIS and switch to the divorce filing, if this is the ultimate decision.  

[Ed&Midori1031 330]

15 hours ago, Zahra17 said:

Thank you so much!!!!! I tried to find a job wich he only agreed to let me work if I gave him 50% of my pay check.

but no luck since we are overseas and I am only a green card holder and I am not from an oconus country I can't work on base and I don't speak the local language so I can't be financially independent even though it would've helped a lot in my case.

I will be contacting JAG soon for more informations about my situation 

I'm just curious why you can't work on base.  Is it because your husband is not active duty? 

[JeanneAdil 6,554]

Call the military police 

they don't like domestic violence anymore than regular police

ask them what to do

BTW he signed an affidavit of support and is liable same as rest of us USC's 

[Zahra17 4]

On 8/16/2021 at 2:14 PM, Ed&Midori1031 said:

I'm just curious why you can't work on base.  Is it because your husband is not active duty? 

If you are a green card holder that's not from NATO you can't work on base you need to have citizenship or to be from a NATO country 

[Zahra17 4]

23 hours ago, JeanneAdil said:

Call the military police 

they don't like domestic violence anymore than regular police

ask them what to do

BTW he signed an affidavit of support and is liable same as rest of us USC's 

My neighbors did at some point but they have pretty much no authority over him since he is not active duty they can't just contact his sergeant or something.....he Is a DOD.

They couldn't even ask him to go somewhere else he has the right to stay in the house even though I am the abused one so I end up spending 2 days in a shelter on base and it was very rough with a baby so I got back to him.

[Ed&Midori1031 330]

On 8/20/2021 at 7:15 AM, Zahra17 said:

If you are a green card holder that's not from NATO you can't work on base you need to have citizenship or to be from a NATO country 

Ah ok.  Thank you for the clarification.