AstaMarisa

There won't be any hearing regarding your I-360 case as you are not in deportation procedures. USCIS will process the application and make a decision. Nothing will happen to your husband. USCIS doesn't have any authority to prosecute or penalize an abuser esp a USC. That is a criminal matter. If the abuser has criminal proceedings pending, then criminal court will take action. In your case there are no criminal charges pending against your husband.
Reading the facts of your case and that you have been the primary care provider for the child, I was quite surprised that your family law attorney advised you to do 50-50% parenting. I can only hope, the attorney had a better perspective of the case and acted in your best interest. It looks like the father is already flaking out on his 50% responsibility. Keep a very good log and account of (with proof like school/daycare pick up and drop off record, pictures and statements from friends etc) how often father doesn't and does exercise his residential time. If for substantial number of times and period he doesn't exercise his residential time over next 6-12 months, then (depending upon your state law) you can always go back to court and ask to modify the parenting plan to make you the primary custodian of the child and reduce father's residential time.

Hello
We had a meeting at the court house few days ago, me, husband and our lawyers (I had a chance to get a lawyer! yey). So we came to an agreement that we going to have 50/50 custody. I didn't want to agree but my lawyer said court wants us to share and that the case is very complicated and unpredictable so nobody knows what will happen at the hearing date on November 30th. She said the judge might take time from me and give it to husband so I really got scared that I might lose my baby.. However I'm not happy with what happened but I guess I had to listed to her because she is my lawyer and if not trust her then who to trust? That was my thought because I was really confused... Dad already said he can't have him the days when he will supposed to because he is busy so (thank God) I will just take him.
So this lawyer is only for custody and I still need one for child support, spousal support.
My immigration is going fine, I got prima facie and was hoping that I can get welfare money for myself (because they only pay me for the child), but the turned me down (( I will have to go again. My case manager told me they do it to people because they don't want to pay but I just have to show them what law says and they will most likely pay ))
Oh and most exciting news, we finally moved to transitional housing so we are not in a shelter anymore! I pay 30% of my income and the apartment is nice, it's 2 story apartment, and it's ours for next 18 months!
Also I'm enrolling my son to another school where he can be all day, they have nurses there so his medical needs will be met too.
We are very happy right now, the new custody order will start working October 1 so we have time for each other before I let him go to dad.. I just live my life right now and love my son. I wanna keep the moment.

Hello
We had a meeting at the court house few days ago, me, husband and our lawyers (I had a chance to get a lawyer! yey). So we came to an agreement that we going to have 50/50 custody. I didn't want to agree but my lawyer said court wants us to share and that the case is very complicated and unpredictable so nobody knows what will happen at the hearing date on November 30th. She said the judge might take time from me and give it to husband so I really got scared that I might lose my baby.. However I'm not happy with what happened but I guess I had to listed to her because she is my lawyer and if not trust her then who to trust? That was my thought because I was really confused... Dad already said he can't have him the days when he will supposed to because he is busy so (thank God) I will just take him.
So this lawyer is only for custody and I still need one for child support, spousal support.
My immigration is going fine, I got prima facie and was hoping that I can get welfare money for myself (because they only pay me for the child), but the turned me down (( I will have to go again. My case manager told me they do it to people because they don't want to pay but I just have to show them what law says and they will most likely pay ))
Oh and most exciting news, we finally moved to transitional housing so we are not in a shelter anymore! I pay 30% of my income and the apartment is nice, it's 2 story apartment, and it's ours for next 18 months!
Also I'm enrolling my son to another school where he can be all day, they have nurses there so his medical needs will be met too.
We are very happy right now, the new custody order will start working October 1 so we have time for each other before I let him go to dad.. I just live my life right now and love my son. I wanna keep the moment.

Hello
We had a meeting at the court house few days ago, me, husband and our lawyers (I had a chance to get a lawyer! yey). So we came to an agreement that we going to have 50/50 custody. I didn't want to agree but my lawyer said court wants us to share and that the case is very complicated and unpredictable so nobody knows what will happen at the hearing date on November 30th. She said the judge might take time from me and give it to husband so I really got scared that I might lose my baby.. However I'm not happy with what happened but I guess I had to listed to her because she is my lawyer and if not trust her then who to trust? That was my thought because I was really confused... Dad already said he can't have him the days when he will supposed to because he is busy so (thank God) I will just take him.
So this lawyer is only for custody and I still need one for child support, spousal support.
My immigration is going fine, I got prima facie and was hoping that I can get welfare money for myself (because they only pay me for the child), but the turned me down (( I will have to go again. My case manager told me they do it to people because they don't want to pay but I just have to show them what law says and they will most likely pay ))
Oh and most exciting news, we finally moved to transitional housing so we are not in a shelter anymore! I pay 30% of my income and the apartment is nice, it's 2 story apartment, and it's ours for next 18 months!
Also I'm enrolling my son to another school where he can be all day, they have nurses there so his medical needs will be met too.
We are very happy right now, the new custody order will start working October 1 so we have time for each other before I let him go to dad.. I just live my life right now and love my son. I wanna keep the moment.

I am happy for you my dear.

Congratulations on all the progress, and thanks for giving us the update! It's great that you're feeling better about things. Keep being persistent, and keep letting us know what happens!

I came to add some details to what I said before. It's probably not right that I didn't say what exactly my husband did to our child because this way many of you don't understand why I 'm concern about him being with the baby alone, but at the same time I don't want to bring this information here. CPS worker is aware + other authorities too. I also don't say what else he did to me just because it takes me a lot of nerves to even think about it without crying so I don't want to go back to the history of all.
About the judge.. She actually said that she found it good of him that he brought a lawyer, "that means he cares about the child", but I was wondering how is it possible if he cares so much he never helped with any amount of money or any other help (like diapers at least). He saw him just once when he had supervised visits (why didn't see him more?). Plus why he seeks for sole custody and NO VISITATIONS for me at all? To me it is clear he is trying to hurt me by taking the child from me. He does not care about the child. When we lived together he didn't see him much also. I'm not even saying how dirty my son was when dad returned him to me after his first overnight visitation.
The volunteer lawyer will help me hopefully. I just need somebody to talk for me because I have my beg full of papers (my written statements and all records) but I just don't speak in public too well. Especially at court. I never know from what to start and when to talk. I'm thinking if lawyer will not help maybe I should read from the paper? Will it look awkward? It's the only way I can say all what I plan to say.

Hi everybody.
Here's some update of what happened recently
Me and my son got accepted to some very good program, so we can live in a nice place for 18 months and have some help there too.
Just few days ago we had a hearing about custody and visitations. My husband brought a lawyer and won NOT supervised visits every other weekend (overnights). I was so upset... I had all records from the hospital about him assolting the child (but didn't have chance to show it!) and the judge also had the letter from mediator who was suggesting her to continue supervised visits for the dad. But I DONT KNOW why she ignored it. So the baby had first visit last weekend, the exchange went well.. I was trying to get a cop to go with me but this person was late so it was just me and husband. He was polite.
I still don't have an attorney, I was trying to get one but they need some minute of the last court hearing, have to go get it. For some reason they didn't have the filed court order this time so I was just running circles around trying to get what they didn't have.
The most important news is my immigration attorney filed my VAWA petition and we are just waiting for acceptance!
Iv read all your last posts. Thank you for sharing your own expirience, I wish I could spend more time reading the forum. But now I have to run.

I'm sure you would believe his side because that is what is going on right now. But actually his side is heard and mine is silent. That's why I'm still here with no papers.

are you even reading? When did I say I was 24 weeks? I was 38 weeks and I had to tell that I was 24 so they would let me go.
It's not an excuse, it is just something that I already said before. Read before blaming me for lying. If you don't wanna help, don't help. I
'm tired of explaining everybody why it was this way and how this happened especially to ppl who don't want to read what I'm saying.
P.S. I personally think that my situation got so bad so nobody believe me because nobody had this in their lives. But it's not why I'm here. Those who believe will give me advice and I still have a lot of questions. I don't want anybody to feel like I'm just trolling here that's why I'm answering all questions. Well most of them. I would answer more if I had time. Sitting here with 2yo and he needs attention too.

I said he is comfortable with me because I'm like a made here. Free made. And yeas he is cheating. But as long as I'm not saying anything, we are good. How is it hard to understand? If not me he would have to deal with day cares and many other things, but he doesn't have to. That's why I'm saying it's better for him too that I'm here, he doesn't want me to leave. And I said before that he didn't kick me out for a year already, so he did it BEFORE and now he doesn't.
And why I'm saying I wanna try after we get papers, because I feel like you have to try everything first before you break up. So if we do papers and after that he still doing same thing then I can just leave knowing that we tried.
And I had a military ID right away when I came here, so he had different boss. That boss knew. Even now some people from his office know that he is still married, he is just saying that he is divorcing, which doesn't make me to lose my ID (because if we didn't divorce yet I can still use the ID) BUT at the same time if I go there and ask for help and say that we are not divorcing then he is going to get in trouble, and I don't want anybody to get in trouble! That's all. How is that not true ? Really? Really? I'm not afraid to say that I'm married to him but only if it's the situation, I'm not trying to go to his office and make him look like a liar (but some people already think so anyway). But if I saw his boss at the hospital , I mean if she (he) saw me there with the baby I wouldn't deny that I do take care of my child and always here for him. I'm not sure but it's all about my husband having extra off time, if he says he is a single father his office would let him go home earlier, so he can go and date some more. How do I know? I don't really know why he needs it to be that way. Also because he already told everybody that I'm bad and he is good so it would be awkward if they found out that I'm here with my family and with no papers still. So that's why he doesn't want them to know. But they might know it also. I don't know what these people think when they hear all his stories.

Oh actually many people find it interesting, because when I came here I didn't speak at all. I mean AT ALL, I couldn't understand what people saying either. But I was young enough I guess, so it wasn't too hard for me to learn words from TV and use limited amount of words to explain almost everything with this limit. I also didn't have anybody to speak Russian to, so I had to learn or noone would understand me. I also had to go to hospital almost everyday talking to doctors (my son was born with the heart defect and he was in NICU for long time, and they didn't always have interpreter for me so... had to be strong and get into it). I also have a college degree so I use to learn new difficult things.. Well I don't know, I was just living here and learning from people. Thank you for your kind words and for helping.

I'm sure you would believe his side because that is what is going on right now. But actually his side is heard and mine is silent. That's why I'm still here with no papers.

Hi everybody.
Here's some update of what happened recently
Me and my son got accepted to some very good program, so we can live in a nice place for 18 months and have some help there too.
Just few days ago we had a hearing about custody and visitations. My husband brought a lawyer and won NOT supervised visits every other weekend (overnights). I was so upset... I had all records from the hospital about him assolting the child (but didn't have chance to show it!) and the judge also had the letter from mediator who was suggesting her to continue supervised visits for the dad. But I DONT KNOW why she ignored it. So the baby had first visit last weekend, the exchange went well.. I was trying to get a cop to go with me but this person was late so it was just me and husband. He was polite.
I still don't have an attorney, I was trying to get one but they need some minute of the last court hearing, have to go get it. For some reason they didn't have the filed court order this time so I was just running circles around trying to get what they didn't have.
The most important news is my immigration attorney filed my VAWA petition and we are just waiting for acceptance!
Iv read all your last posts. Thank you for sharing your own expirience, I wish I could spend more time reading the forum. But now I have to run.

Hi everybody.
Here's some update of what happened recently
Me and my son got accepted to some very good program, so we can live in a nice place for 18 months and have some help there too.
Just few days ago we had a hearing about custody and visitations. My husband brought a lawyer and won NOT supervised visits every other weekend (overnights). I was so upset... I had all records from the hospital about him assolting the child (but didn't have chance to show it!) and the judge also had the letter from mediator who was suggesting her to continue supervised visits for the dad. But I DONT KNOW why she ignored it. So the baby had first visit last weekend, the exchange went well.. I was trying to get a cop to go with me but this person was late so it was just me and husband. He was polite.
I still don't have an attorney, I was trying to get one but they need some minute of the last court hearing, have to go get it. For some reason they didn't have the filed court order this time so I was just running circles around trying to get what they didn't have.
The most important news is my immigration attorney filed my VAWA petition and we are just waiting for acceptance!
Iv read all your last posts. Thank you for sharing your own expirience, I wish I could spend more time reading the forum. But now I have to run.

Hi everybody.
Here's some update of what happened recently
Me and my son got accepted to some very good program, so we can live in a nice place for 18 months and have some help there too.
Just few days ago we had a hearing about custody and visitations. My husband brought a lawyer and won NOT supervised visits every other weekend (overnights). I was so upset... I had all records from the hospital about him assolting the child (but didn't have chance to show it!) and the judge also had the letter from mediator who was suggesting her to continue supervised visits for the dad. But I DONT KNOW why she ignored it. So the baby had first visit last weekend, the exchange went well.. I was trying to get a cop to go with me but this person was late so it was just me and husband. He was polite.
I still don't have an attorney, I was trying to get one but they need some minute of the last court hearing, have to go get it. For some reason they didn't have the filed court order this time so I was just running circles around trying to get what they didn't have.
The most important news is my immigration attorney filed my VAWA petition and we are just waiting for acceptance!
Iv read all your last posts. Thank you for sharing your own expirience, I wish I could spend more time reading the forum. But now I have to run.

Hi everybody.
Here's some update of what happened recently
Me and my son got accepted to some very good program, so we can live in a nice place for 18 months and have some help there too.
Just few days ago we had a hearing about custody and visitations. My husband brought a lawyer and won NOT supervised visits every other weekend (overnights). I was so upset... I had all records from the hospital about him assolting the child (but didn't have chance to show it!) and the judge also had the letter from mediator who was suggesting her to continue supervised visits for the dad. But I DONT KNOW why she ignored it. So the baby had first visit last weekend, the exchange went well.. I was trying to get a cop to go with me but this person was late so it was just me and husband. He was polite.
I still don't have an attorney, I was trying to get one but they need some minute of the last court hearing, have to go get it. For some reason they didn't have the filed court order this time so I was just running circles around trying to get what they didn't have.
The most important news is my immigration attorney filed my VAWA petition and we are just waiting for acceptance!
Iv read all your last posts. Thank you for sharing your own expirience, I wish I could spend more time reading the forum. But now I have to run.

Hi everybody.
Here's some update of what happened recently
Me and my son got accepted to some very good program, so we can live in a nice place for 18 months and have some help there too.
Just few days ago we had a hearing about custody and visitations. My husband brought a lawyer and won NOT supervised visits every other weekend (overnights). I was so upset... I had all records from the hospital about him assolting the child (but didn't have chance to show it!) and the judge also had the letter from mediator who was suggesting her to continue supervised visits for the dad. But I DONT KNOW why she ignored it. So the baby had first visit last weekend, the exchange went well.. I was trying to get a cop to go with me but this person was late so it was just me and husband. He was polite.
I still don't have an attorney, I was trying to get one but they need some minute of the last court hearing, have to go get it. For some reason they didn't have the filed court order this time so I was just running circles around trying to get what they didn't have.
The most important news is my immigration attorney filed my VAWA petition and we are just waiting for acceptance!
Iv read all your last posts. Thank you for sharing your own expirience, I wish I could spend more time reading the forum. But now I have to run.

Hi everybody.
Here's some update of what happened recently
Me and my son got accepted to some very good program, so we can live in a nice place for 18 months and have some help there too.
Just few days ago we had a hearing about custody and visitations. My husband brought a lawyer and won NOT supervised visits every other weekend (overnights). I was so upset... I had all records from the hospital about him assolting the child (but didn't have chance to show it!) and the judge also had the letter from mediator who was suggesting her to continue supervised visits for the dad. But I DONT KNOW why she ignored it. So the baby had first visit last weekend, the exchange went well.. I was trying to get a cop to go with me but this person was late so it was just me and husband. He was polite.
I still don't have an attorney, I was trying to get one but they need some minute of the last court hearing, have to go get it. For some reason they didn't have the filed court order this time so I was just running circles around trying to get what they didn't have.
The most important news is my immigration attorney filed my VAWA petition and we are just waiting for acceptance!
Iv read all your last posts. Thank you for sharing your own expirience, I wish I could spend more time reading the forum. But now I have to run.

Hi, I went to court on 18th, i didn't have a chance to talk much, i didn't even show my hospital records, but i got restraining order for 1 year. He was there too, he was talking talking talking, telling a lot of lies on me. However i got it. Then i went to immigr. office and got free attorney to help me with immigr. problem. They said it's actually pretty typical when abuser calles the police first so they will be able to explane it. Also they will help me with my other stuff, like divorce, hearings for spousal and child support. I got som welfare money too, they will pay me some food stamps and some cash. They also will go after him to make him pay them back that money, caz we married. Ok now im printing my pictures with my husband together to proofe we were in love.
Thank you for helping me!!!
Love yo

Hi
I finally got a chance to write something. So we live in a domestic violence shelter, it's all good, my son and I have everything, well at least more than we had in our own house. I got temporary restraining order against my husband. Today we went to court, the hearing was about custody. He wanted full custody and no visitations from me. But judge said full physical custody to me, supervised visitations to him (with his expenses) and legal custody is joined for both of us. None of us had a lawyer at this hearing. I didn't have to pay for anything yet because i don't have an income. What else.. Well its gonna be many other hearings like for restraining order and spousal and child support. But the one about actual divorce is on january 2013. So I guess if I get spousal and child support so I can start getting money from him before the actual divorce. He still gets money for being married and having a child and he doesn't spend any on us so they said he will probably going to have to pay, they will just take off some amount of money off his check for us.
About the immigration part... Nothing is moving yet. I sent some filled papers to immigr office, waiting for the respond. Also trying to apply for welfare food stamps and some cash.
Oh forgot to tell you about this custody thing that he won at first. When he shot off my phone, my son's teacher bought me new one and he didn't know the number. So i went to shelter, he didn't know where I am. But later when I came to file for restraining order the lady that helped me told me that he filed for full physical custody and it was granted. I was shocked but then we figired out that it happened because i didn't come to the hearing for it which i didn't know about and he stated in this paper that he called me and told me about the hearing. Of course he couldn't call me because he doesn't know my number so he lied and this way got custody. But when we put all this on restraining order paper the judge understood what was going on so she granted my restraining order till next hearing (18th) so that canceled his "full physical custody" . So we have the same judge for everything. And he is a petitioner and I am a respondent because he filed for divorce first. It all goes by the same number of case. Whatever seems like they understand my situation and child abduction unit and hospital (all my case managers and social workers) helping me. I also had an interview with my case manager through the navy (JAG), he has a case open about the abuse. So that's what is done for right now.
Please pray for us on 18th.

Hi, I went to court on 18th, i didn't have a chance to talk much, i didn't even show my hospital records, but i got restraining order for 1 year. He was there too, he was talking talking talking, telling a lot of lies on me. However i got it. Then i went to immigr. office and got free attorney to help me with immigr. problem. They said it's actually pretty typical when abuser calles the police first so they will be able to explane it. Also they will help me with my other stuff, like divorce, hearings for spousal and child support. I got som welfare money too, they will pay me some food stamps and some cash. They also will go after him to make him pay them back that money, caz we married. Ok now im printing my pictures with my husband together to proofe we were in love.
Thank you for helping me!!!
Love yo

Hi, I went to court on 18th, i didn't have a chance to talk much, i didn't even show my hospital records, but i got restraining order for 1 year. He was there too, he was talking talking talking, telling a lot of lies on me. However i got it. Then i went to immigr. office and got free attorney to help me with immigr. problem. They said it's actually pretty typical when abuser calles the police first so they will be able to explane it. Also they will help me with my other stuff, like divorce, hearings for spousal and child support. I got som welfare money too, they will pay me some food stamps and some cash. They also will go after him to make him pay them back that money, caz we married. Ok now im printing my pictures with my husband together to proofe we were in love.
Thank you for helping me!!!
Love yo

Hi, I went to court on 18th, i didn't have a chance to talk much, i didn't even show my hospital records, but i got restraining order for 1 year. He was there too, he was talking talking talking, telling a lot of lies on me. However i got it. Then i went to immigr. office and got free attorney to help me with immigr. problem. They said it's actually pretty typical when abuser calles the police first so they will be able to explane it. Also they will help me with my other stuff, like divorce, hearings for spousal and child support. I got som welfare money too, they will pay me some food stamps and some cash. They also will go after him to make him pay them back that money, caz we married. Ok now im printing my pictures with my husband together to proofe we were in love.
Thank you for helping me!!!
Love yo

Hi, I went to court on 18th, i didn't have a chance to talk much, i didn't even show my hospital records, but i got restraining order for 1 year. He was there too, he was talking talking talking, telling a lot of lies on me. However i got it. Then i went to immigr. office and got free attorney to help me with immigr. problem. They said it's actually pretty typical when abuser calles the police first so they will be able to explane it. Also they will help me with my other stuff, like divorce, hearings for spousal and child support. I got som welfare money too, they will pay me some food stamps and some cash. They also will go after him to make him pay them back that money, caz we married. Ok now im printing my pictures with my husband together to proofe we were in love.
Thank you for helping me!!!
Love yo