My husband is threatening to revoke my permanent residency

[Ambiguous 4]

On 4/23/2022 at 9:13 PM, needhelpnow999 said:

We have both made mistakes, however tonight he got my phone and shattered it. I was also trying to talk to him and he went into the bathroom and closed my arm between the door and the wall.

You should call the police! That is assault\domestic abuse\battery (not sure of the legal term).

[Mike V 56]

After 2 years the Removal of Conditions requires evidence of a continuing marriage relationship.  This appears unlikely.

 

However there is an exception for domestic abuse.  I'd suggest you contact an immigration attorney to ensure that all bases are covered.

 

Above all, be safe.  It's a really sad story, but this is what can happen if you're not proactive:  https://globalnation.inquirer.net/178509/texas-man-killed-filipina-wife-stored-body-in-freezer-police

[bren6969 1]

On 4/24/2022 at 3:08 PM, needhelpnow999 said:

Regardless of everything I care about my husband and I would not do that to him. Thank you for your suggestions, I appreciate the support so much. 

i have a book recommendation for you, i hope this will help you, it might help clear up why he is like this, and how is it possible for him to change(or not change), and it might have some good resources for you. You can borrow it for free on the link i attached, i hope it can help you

Why does he do that? by Lundy Bancroft https://archive.org/details/whydoeshedothati00banc_0 

 

also here is an archived link with resources from uscis(the legal information might be outdated but still good resources)

https://www.uscis.gov/archive/information-on-the-legal-rights-available-to-immigrant-victims-of-domestic-violence-in-the-united

[mushroomspore 3,043]

8 minutes ago, Mike V said:

After 2 years the Removal of Conditions requires evidence of a continuing marriage relationship.  This appears unlikely.

 

However there is an exception for domestic abuse.  I'd suggest you contact an immigration attorney to ensure that all bases are covered.

 

Above all, be safe.  It's a really sad story, but this is what can happen if you're not proactive:  https://globalnation.inquirer.net/178509/texas-man-killed-filipina-wife-stored-body-in-freezer-police

Removal of Conditions does not require evidence of continuing relationship after 2 years. People are allowed to file Removal with a divorce waiver (which does not always involve abuse). If they do the divorce waiver, they need to provide evidence that the marriage was bonafide and entered into in good faith. No need for OP to contact an immigration attorney over this. She can self-file Removal when she is ready, but she needs to talk a divorce lawyer first and foremost.

[Mike V 56]

15 hours ago, mushroomspore said:

Removal of Conditions does not require evidence of continuing relationship after 2 years. People are allowed to file Removal with a divorce waiver (which does not always involve abuse). If they do the divorce waiver, they need to provide evidence that the marriage was bonafide and entered into in good faith. No need for OP to contact an immigration attorney over this. She can self-file Removal when she is ready, but she needs to talk a divorce lawyer first and foremost.

We were asked specifically to document our relationship, including affidavits from people who knew us.

 

The "conditional" part of the two-year green card means that it is conditional on a continuing relationship that must be substantiated.  Otherwise there would be no point in having the "conditional" status in the first place.

 

Yes, there are exceptions, but unless you qualify for an exception, you definitely must provide evidence of the continuing relationship.

[Joyoussinger 1,411]

21 minutes ago, Mike V said:

We were asked specifically to document our relationship, including affidavits from people who knew us.

 

The "conditional" part of the two-year green card means that it is conditional on a continuing relationship that must be substantiated.  Otherwise there would be no point in having the "conditional" status in the first place.

 

Yes, there are exceptions, but unless you qualify for an exception, you definitely must provide evidence of the continuing relationship.

 She will be able to file with a divorce waiver and it shouldn't be a problem. https://www.uscis.gov/green-card/after-we-grant-your-green-card/conditional-permanent-residence/removing-conditions-on-permanent-residence-based-on-marriage#:~:text=You entered into,joint petition%3B or

[mushroomspore 3,043]

2 hours ago, Mike V said:

We were asked specifically to document our relationship, including affidavits from people who knew us.

 

The "conditional" part of the two-year green card means that it is conditional on a continuing relationship that must be substantiated.  Otherwise there would be no point in having the "conditional" status in the first place.

 

Yes, there are exceptions, but unless you qualify for an exception, you definitely must provide evidence of the continuing relationship.

I'm aware of what conditional means as I went through the process myself. I'm saying that applicants can file a solo I-751 in the case of divorce, which is what OP should do and that she qualifies as an "exception". In that case, they are asked to submit evidence that the marriage was bonafide, not that marriage was continuing since there is divorce involved. They ask for evidence of bonafide continuing marriage only if the couple are still married and file I-751 jointly.

Edited April 26, 2022 by mushroomspore

[nastra30 1,987]

2 hours ago, Mike V said:

The "conditional" part of the two-year green card means that it is conditional on a continuing relationship that must be substantiated.  Otherwise there would be no point in having the "conditional" status in the first place.

If divorce happens they can file solo I-751 to remove the conditions with a divorce waiver and proof of bona-fide marriage until the divorce. Won't need the other spouse to remove conditions after divorce.

Edited April 26, 2022 by nastra30