Living in Hell. What are my options!!

[ozziekan101 0]

It feels really good to have once again found the forum thats been helpful to me in the past when i was relocating from Scotland about a year ago..

It's only sad that this time around i'm not hear to discuss anything of joy,like,'HEY, I GOT MY K-1 VISA!!' etc..

I'm rather coming here to seek help after about over a year of mental torture, stress and lack of peace of mind..

I moved here from scotland last year after my spouse filed a k-1 visa. Everything was fine back then and our love life was second to none..even though we were having a long distance relationship as she was here and i was back home in scotland.

After i moved here and got married, we moved in together and ever since then i havent had one full week without a major fight, arguement or misunderstanding..

We have been to 2 marriage counsellors and 1 financial counsellor. We even been to marriage group sessions.

We seem to have lots of expectations from each other considering we're both from different cultures.

We havent been able to agree on any major thing as the other person is still pushing for personal agenda.

The fights have gotten worse and she's getting physical.. the police have been involved on a couple of occassions and i refused to press charges on both occasions.

A lot has gone on but now, its looking like the best option is to go our seperate ways...She already has told me she's moving out b4 the weekend.

I'm tired of begging her to stay and i feel like i'm just gonna cave into her threats..

Now, the main concern is what my options are concerning my status here...I already got the condtional GC in january and have 2 years to go.

Sought legal advice and i was told i could file an i-751 but i dont know the success rate of that if i was to file alone on grounds on entered marriage in good faith but it didnt work.. I know i could go on the grounds of abuse and mental torture but i unfortunately didnt press any charges when i could so i have no proof of that..Not even proof of the time, she put all my property in trash bags and brought them to me at work or the time she destroyed all she ever bought for me even up till toothbrush,birthday cards, joint vision board plans etc..she shredded it all..

I'm scared for my life and sanity. My family is worried she may hurt me but i dont wanna lose my status here but it feels like i'm caught in between fire and the deep blue sea..

I NEED HELP, ADVICE !! I need protection. My career and every other thing is going just fine but its a living hell at home.

What are my options and where do i go from here...My conditonal GC expires in january '09 but whether i'd still be able to cope with my spouse till then is a major doubt only by divine intervention

[YuAndDan 153]

If divorced you can lift the conditions on the green-card on your own, you can file a waiver to the joint filing requirement.

Filing after Divorce or Annulment

A conditional permanent resident with a marriage that was terminated due to divorce or annulment must file for a waiver of the requirement of the joint filing of Form I-751. To obtain an approval of the I-751 and be granted unconditional lawful permanent resident status, the conditional permanent resident spouse must be able to show that s/he entered into the marriage in good faith.

The person seeking permanent resident status should expect to undergo an interview at the USCIS about the marriage. The USCIS will closely scrutinize whether the marriage was bona fide at its inception. The USCIS will review the divorce decree and complaint for matters that may be reflective of whether the marriage was entered into purely for immigration purposes or to perpetrate fraud against the United States citizen spouse or the USCIS.

http://www.murthy.com/news/n_remcon.html

[darkhorse 0]

If divorced you can lift the conditions on the green-card on your own, you can file a waiver to the joint filing requirement.

don't you have to married for at least 2 years?

correct me if I am wrong...

Edited September 5, 2007 by darkhorse

[YuAndDan 153]

If divorced you can lift the conditions on the green-card on your own, you can file a waiver to the joint filing requirement.

don't you have to married for at least 2 years?

correct me if I am wrong...

No, lifting conditions on a conditional green-card tends to happen close to 2nd wedding anniversary for K-1s, but in a case of divorce or annulment, the conditional LPR can immediately file to lift the conditional status, even well before the normal 90 days.

[Aussielad 37]

yes, but what is being missed here is the OP's question on 'success' rate based on very minimal evidence....help him out there in that.

And of course, the only advice that can be given, is get a compotent immigration lawyer, one registered with AILA

i think the website is www.aila.org good luck.

[Killer_Clown_2009 0]

If you wanted to stay in the US, and remove your conditions without your spouse, you would A> need to be divorced (separation is not good enough), B> or if still married, prove that you were battered or subject to extreme mental cruelty (need all kinds of documentation, check the removal of conditions application for a complete list) or C> your spouse would have to be dead.

I don't know if that is helpful to you, but at least you will know your options.

As for success rate - I would think that those who entered their marriage in good faith and can send in documentation proving a legitimate marriage probably have a pretty good shot at self filing once divorced.

Edited September 6, 2007 by jane2005

[maya62 7]

Ozziekan101, if I were you, I would be contacting the individuals and/or agencies that handled all of the counseling. Get them to write some kind of brief letter for you confirming your attendance at counseling (dates especially), and get copies of any receipts for payments you may have made. Imho, counseling is excellent evidence that a) the marriage was entered into in good faith and b ) the marriage was having serious problems and you tried to work at it.

I imagine also that, even though you did not press charges with the police, there are probably police reports on the incidents on file. I'd request copies of those, too.

And of course any other evidence of co-mingling of finances, lease, etc... I'd also be creating a timeline of events in the marriage, too, while my memory was still fresh.

Best of luck,

Maya

Edited September 10, 2007 by maya62

[radsr2002 0]

You have documentation.

Everytime police are called there is a police report, regaurdless of weather you filed charges or not.

Also you have the counseling you attended you can get letters from them.

When you file divorce, file on grounds of abuse and secure a restraining order against your spouse.

That would be enough to prove your case with USCIS

USCIS only requires evedience of abuse. No conviction of abuse is required.

Rick

[Kajikit 65]

You do not HAVE to stay married if it is not working out for you... in fact, if your marriage is the warzone that you describe, you have every reason to divorce your wife and take up an independant life in the US. To lift conditions by yourself, you'll need to show that your marriage was entered into in good faith and was a 'real' relationship, not just a way to get a greencard. Having gone to counselling is a good proof of effort... you could get a letter from the counsellors to say that they saw you and your wife for X period of time.

[charlie_brown 0]

It feels really good to have once again found the forum thats been helpful to me in the past when i was relocating from Scotland about a year ago..

It's only sad that this time around i'm not hear to discuss anything of joy,like,'HEY, I GOT MY K-1 VISA!!' etc..

I'm rather coming here to seek help after about over a year of mental torture, stress and lack of peace of mind..

I moved here from scotland last year after my spouse filed a k-1 visa. Everything was fine back then and our love life was second to none..even though we were having a long distance relationship as she was here and i was back home in scotland.

After i moved here and got married, we moved in together and ever since then i havent had one full week without a major fight, arguement or misunderstanding..

We have been to 2 marriage counsellors and 1 financial counsellor. We even been to marriage group sessions.

We seem to have lots of expectations from each other considering we're both from different cultures.

We havent been able to agree on any major thing as the other person is still pushing for personal agenda.

The fights have gotten worse and she's getting physical.. the police have been involved on a couple of occassions and i refused to press charges on both occasions.

A lot has gone on but now, its looking like the best option is to go our seperate ways...She already has told me she's moving out b4 the weekend.

I'm tired of begging her to stay and i feel like i'm just gonna cave into her threats..

Now, the main concern is what my options are concerning my status here...I already got the condtional GC in january and have 2 years to go.

Sought legal advice and i was told i could file an i-751 but i dont know the success rate of that if i was to file alone on grounds on entered marriage in good faith but it didnt work.. I know i could go on the grounds of abuse and mental torture but i unfortunately didnt press any charges when i could so i have no proof of that..Not even proof of the time, she put all my property in trash bags and brought them to me at work or the time she destroyed all she ever bought for me even up till toothbrush,birthday cards, joint vision board plans etc..she shredded it all..

I'm scared for my life and sanity. My family is worried she may hurt me but i dont wanna lose my status here but it feels like i'm caught in between fire and the deep blue sea..

I NEED HELP, ADVICE !! I need protection. My career and every other thing is going just fine but its a living hell at home.

What are my options and where do i go from here...My conditonal GC expires in january '09 but whether i'd still be able to cope with my spouse till then is a major doubt only by divine intervention

Hmmm, she's abusing you so bad to can't stay with her, but you refused to press charges. I wonder why? Sounds like we're only getting one side of the stroy here. Unless of course you just used her to get into the US and now you want to justify your separation, then it all makes sense.

[garya505 2]

Oh, this should be good.

[PlatyPius 5]

It feels really good to have once again found the forum thats been helpful to me in the past when i was relocating from Scotland about a year ago..

It's only sad that this time around i'm not hear to discuss anything of joy,like,'HEY, I GOT MY K-1 VISA!!' etc..

I'm rather coming here to seek help after about over a year of mental torture, stress and lack of peace of mind..

I moved here from scotland last year after my spouse filed a k-1 visa. Everything was fine back then and our love life was second to none..even though we were having a long distance relationship as she was here and i was back home in scotland.

After i moved here and got married, we moved in together and ever since then i havent had one full week without a major fight, arguement or misunderstanding..

We have been to 2 marriage counsellors and 1 financial counsellor. We even been to marriage group sessions.

We seem to have lots of expectations from each other considering we're both from different cultures.

We havent been able to agree on any major thing as the other person is still pushing for personal agenda.

The fights have gotten worse and she's getting physical.. the police have been involved on a couple of occassions and i refused to press charges on both occasions.

A lot has gone on but now, its looking like the best option is to go our seperate ways...She already has told me she's moving out b4 the weekend.

I'm tired of begging her to stay and i feel like i'm just gonna cave into her threats..

Now, the main concern is what my options are concerning my status here...I already got the condtional GC in january and have 2 years to go.

Sought legal advice and i was told i could file an i-751 but i dont know the success rate of that if i was to file alone on grounds on entered marriage in good faith but it didnt work.. I know i could go on the grounds of abuse and mental torture but i unfortunately didnt press any charges when i could so i have no proof of that..Not even proof of the time, she put all my property in trash bags and brought them to me at work or the time she destroyed all she ever bought for me even up till toothbrush,birthday cards, joint vision board plans etc..she shredded it all..

I'm scared for my life and sanity. My family is worried she may hurt me but i dont wanna lose my status here but it feels like i'm caught in between fire and the deep blue sea..

I NEED HELP, ADVICE !! I need protection. My career and every other thing is going just fine but its a living hell at home.

What are my options and where do i go from here...My conditonal GC expires in january '09 but whether i'd still be able to cope with my spouse till then is a major doubt only by divine intervention

Hmmm, she's abusing you so bad to can't stay with her, but you refused to press charges. I wonder why? Sounds like we're only getting one side of the stroy here. Unless of course you just used her to get into the US and now you want to justify your separation, then it all makes sense.

Yeah, because people from the UK are just DYING to give up their "free" healthcare, long vacations, and many other benefits to move to a strange country where they get absolutely nothing. Good call there, Einstein.

[nivesito 0]

It feels really good to have once again found the forum thats been helpful to me in the past when i was relocating from Scotland about a year ago..

It's only sad that this time around i'm not hear to discuss anything of joy,like,'HEY, I GOT MY K-1 VISA!!' etc..

I'm rather coming here to seek help after about over a year of mental torture, stress and lack of peace of mind..

I moved here from scotland last year after my spouse filed a k-1 visa. Everything was fine back then and our love life was second to none..even though we were having a long distance relationship as she was here and i was back home in scotland.

After i moved here and got married, we moved in together and ever since then i havent had one full week without a major fight, arguement or misunderstanding..

We have been to 2 marriage counsellors and 1 financial counsellor. We even been to marriage group sessions.

We seem to have lots of expectations from each other considering we're both from different cultures.

We havent been able to agree on any major thing as the other person is still pushing for personal agenda.

The fights have gotten worse and she's getting physical.. the police have been involved on a couple of occassions and i refused to press charges on both occasions.

A lot has gone on but now, its looking like the best option is to go our seperate ways...She already has told me she's moving out b4 the weekend.

I'm tired of begging her to stay and i feel like i'm just gonna cave into her threats..

Now, the main concern is what my options are concerning my status here...I already got the condtional GC in january and have 2 years to go.

Sought legal advice and i was told i could file an i-751 but i dont know the success rate of that if i was to file alone on grounds on entered marriage in good faith but it didnt work.. I know i could go on the grounds of abuse and mental torture but i unfortunately didnt press any charges when i could so i have no proof of that..Not even proof of the time, she put all my property in trash bags and brought them to me at work or the time she destroyed all she ever bought for me even up till toothbrush,birthday cards, joint vision board plans etc..she shredded it all..

I'm scared for my life and sanity. My family is worried she may hurt me but i dont wanna lose my status here but it feels like i'm caught in between fire and the deep blue sea..

I NEED HELP, ADVICE !! I need protection. My career and every other thing is going just fine but its a living hell at home.

What are my options and where do i go from here...My conditonal GC expires in january '09 but whether i'd still be able to cope with my spouse till then is a major doubt only by divine intervention

Hmmm, she's abusing you so bad to can't stay with her, but you refused to press charges. I wonder why? Sounds like we're only getting one side of the stroy here. Unless of course you just used her to get into the US and now you want to justify your separation, then it all makes sense.

Yeah, because people from the UK are just DYING to give up their "free" healthcare, long vacations, and many other benefits to move to a strange country where they get absolutely nothing. Good call there, Einstein.

I'm sure their "free" health care is great!

Charlie, I’ve noticed your posts before like for that girl from an East European country getting her B2 visa to go to her fiancé funeral. And Platypius is right. People do not give up on their lives just to go to the States! Free healthcare in Europe is really good and people here are really lucky to have some benefits that don’t exist in the States but they go there to be with the person they love not because they are going to live better. Maybe they will maybe not. I hate to go true this process and I know I have to start all over although I have Masters and bunch of work experience. But I’ll do it for my love!

[Toshtishtash 1]

I'm sure their "free" health care is great!

Erm... Yes, actually it is! I'm actually rather worried about giving it up!

[Krikit 1,163]

Yeah, because people from the UK are just DYING to give up their "free" healthcare, long vacations, and many other benefits to move to a strange country where they get absolutely nothing. Good call there, Einstein.