nepali29292

so the reason for my divorce is that my wife just left me one morning by saying she is going to her parent's house. After not being able to contact her I got worried so after two days I filed a police report saying that my wife is missing after which the police informed me that she is safe and she just doesn't want to be with me. should I mention this by attaching the police report that I made? our divorce is a no-fault divorce but still. I'm confused as to what's the best way to go so any help is greatly appreciated  

15 minutes ago, Marco&Bettina said:

It depends on what "evidence" your (ex-)wife has.

there are two kinds of orders in massachussetts that i read about under restraining order which are  no contact order and no abuse order. for my restraining order it marks no contact order, so hopefully its not so bad. whatever it is, nothing is going fair for me 

Just now, Marco&Bettina said:

I don't personally find it good advice to earn money first and then deal with the restraining order if all it is is a simple matter of you showing up to court to contest. Nevertheless, I guess you're at an impasse if your only resource to travel 3 hours are friends who don't wanna drive and you have no money to make it there.

but my main question is will it really affect my extension of green card? is it considered as crime?

Just now, Marco&Bettina said:

You're digging yourself a nice hole. How long have you been in America? Have you not met 1 friend or anyone that can help you so this restraining order stuff doesn't get out of control?

10 month now. I have friends but they don't want to drive so far I've tried asking them indirectly but they tell me i should earn money first then deal with the restraining order. I'll try to do as soon as possible though. Also I don't want them to do anything more after i get a hearing date 

16 minutes ago, Marco&Bettina said:

How did this happen!? I'll repeat an earlier sentiment. There must be some evidence of something that she has to have gotten even a 10-day order. Interesting you just now mention this order. And now it's a year. Wow, just wow. Best of luck to you my friend.

her parents told me that they are just taking precaution since i was trying to text and call her so many times ( that time i did not know that she is going to file divorce) and that they will drop it after 10 days but that didn't happen. I've heard that they don't need any proof for restraining order as long as my wife just showed that she is scared of me and that i've been harassing her by calling and texting her. This all happened way too fast. i know i was dumb to not able to react to all this but i really wasn't. I was and have been broke in every way. again if i want this restraining order to drop, i have to go to the same court which is 3 hrs drive or get a bus and file against it, after this i'll get a hearing date in next 10 days but i still don't have enough money or time to do all that.I'm trying to earn enough money to first start a living first then maybe i can do it 

On 1/27/2017 at 0:07 PM, rcripps said:

OP.... I warned you several times about what not to do or take the family's threats seriously. Apparently you chose to ignore everyone's good advice on this thread. I'm sorry but you have put yourself into this mess. I would strongly strongly suggest you start following the good advice on here. 

hi so the divorce paper filed earlier got rejected because it was not done by a real attorney so they had to make a new one with same terms and this time i got in touch with a lawyer and he said its fine to sign. my problem is that I got a temporary restraining order a while ago which was for 10 days and i couldn't go to the hearing because it was a 3 hour drive. i had no car or money to go so they extended the restraining order for a year now until jan 2018. Is the restraining order going to affect my removal of condition when i apply for i-751 with a waiver? I read some posts but some say it might and some say it doesn't matter so its really confusing but I've gotten the best advice and suggestions here. also my ex wife and her parents have all my info like my USCIS # for my green card, social security number and all those stuffs. can they do anything against me with those things or should i get my SSN changed after the divorce is final and i get the divorce decree? I've started working now and have some money for myself but am worried as to what to expect when it comes down to removing the condition. Thanks 

1 hour ago, Chardon Ne' said:

Well that is a good friend. I know it is hurtful especially with a child and all, but do not worry issues with visitation and custody can still be worked out. If not there are definitely agencies that will help you with that. So refocus your energy and you will be ok. Look what you already did you left your entire fmily to move to another country to start a family with someone you thought you love. That takes bravery. Forgive yourself. Things happen. Do not traumatize your child trying to fight a losing battle. If they did what they did maliciously, Karma never misses an address. Yes you have to wait for final divorce decree but you have plenty of time So you should file for renewal June 2018. Focus on how you are going to pay for that and push on. 

oh no i dont have a child 

1 minute ago, Chardon Ne' said:

Ok but we told you not to worry about it if she did because a charge is just an accusation and she could not win without any proof. Yes divorce and immigration are two different things but you are not in as bad a position as you think because you already have a green card. Now if you continue to focus on the hurt  as opposed to finding a job,  when it is time to file an extension you are doing a disservice to yourself because if you let your GC expire, there will be bigger issues. Your immediate issue is finding employment. Let your success be your revenge. 

i really regret it now that i think of but i was really not in my right mind to think anything reasonably. im trying to look for a job now and my friend offered me to stay at his place until i get a place to stay. my GC expires in november 2018 but i heard that if i apply i751 this early then they will send my application back. thank you so much for your support though. everyone here has been very helpful but i acted the other way

5 minutes ago, rcripps said:

You don't sue them for I-864 support. You get your government services and the government goes after them.

i hope it works. i still regret signing it but the lawyer said that i can still change the divorce papers by appealing for it so i'll see if i can get a lawyer who can help me with it. 

21 minutes ago, Chardon Ne' said:

As for support, that could have been worked out in the divorce. If you were eligible,  they will granted you spousal support. That is all done through the court but if you signed an uncontested divorce then your hands are tied unless you can prove you signed under duress again you need a lawyer as you are so emotionally involved that you are not even able to accept sound rational advice for free. As for 864 support you are misinterpreting the language. She will be responsible to the government if you become a public charge. What you need to do is apply for public benefits of some sort if you need them and let the rest take care of itself. Good Luck with everything. i think we all have sympathized and empathized with you as much as we can however if you refuse to follow our advice  for example do not sign anything, they cannot make you, and no you would not be deported. Your plight is in your hands now and it is time to Man up and handle your business. Instead of worrying about how someone will take care of you, think about the child and how you will take care of them. The relationship is apparently over but if you continue to engage you are going to make yourself sick. I really sincerely wish you the best but anything that happens from this point on is all on you. 

i talked to free lawyer a while ago who saw my divorce papers and told me that it's not going to affect me from suing them for affidavit of support i-864. I wish i was in my right mind before signing the divorce paper but the lawyer said that it's a good thing that i signed it because now they can't charge me for any kind of abuse once I sue them for 864. he said that divorce and immigration law are 2 different things

Just now, LionessDeon said:

They help people with a variety of services. They are a charity.  Sometimes legal services, clothing, shelter, etc. 

But it sounds as if you have no one here going home to your family and friends maybe best. Wil your ex wife and family at least buy you a plane ticket home?  You didn't even ask for that in the divorce settlement?

i was studying here and i left everything back in my home, i dont have anyone to support or anyone that i could go to. i had a job here but we moved so i had to quit it. im going to see for a lawyer if i can cause her http://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter3-5.html , it clearly says that they will be responsible. i have no other option to fight for it. i have to fight my own wife who i could do anything for 

6 minutes ago, LionessDeon said:

How did they "force" you to sign? You shouldn't have signed anything without your own lawyer to review it.  Did you get anything in the divorce?   Go to Catholic Services in your area.  

they threatened me to charge me domestic violence and told me since im a immigrant i dont know much about the law here and told me that ill be in jail for next 10 years if i dont do it and on top of that i couldn't believe that this was happening to me, i still can't believe it. is catholic service going to help? ill see for one right now but let me know how they could help

4 minutes ago, Ontarkie said:

Yes and no. It's not that cut and dry. You need a lawyer and badly. 

 

Did you even read on what grounds she filed on? 

Are you sure you didn't sign something that admitted to fraud? 

I hope you have a copy and stop wasting time trying to them supporting you. Get a lawyer and let them help you. 

she filed divorce on 3 basis. finance, unmet expectation and unable to reconcile. and everything was pretty simple but yes i really need a lawyer now. im going to see if i can find a lawyer for cheap or free cause i heard some offer help 

33 minutes ago, Ontarkie said:

You should not have signed anything. Start looking for pro bono lawyers in your area. 

i read that even after divorce they have to take the responsibility though. 

1 minute ago, Boiler said:

Your wife is the sponsor, if you wish to enforce the I 864 then you need a lawyer to do so. I thought you were working?

my wife is the sponsor and her parents are the co sponsor. she asked for co sponsor because she couldn't do it alone. I was working long time ago and after that i never got any job. I'm completely broke right now and in 4 days the house's lease is ending as well so i'll be homeless soon and was wondering this. I'm still missing my wife dearly but i have no other option now. if i do enforce i-864 what happens? i dont have money for lawyer so can i just file it myself? i have no idea how to do this, it's been 10 months and my whole life has turned upside down ive never been in such a dreadful situation. this is why her parents kept saying that they'll send me back to my country without me having to pay and all

On 1/17/2017 at 4:23 PM, rcripps said:

Oath means that she is legally telling to an official of the court or a notary that her statements are true. If she lies under oath, then the courts could throw her into jail. Thats the simple answer. A lawyer would give better answers. You might want to look into free legal advice. There should be some available to you.

hi so i was forced to sign divorce papers by my wife's dad and the lawyer( her cousin) so now i dont know what to do cause I'm broke. aren't I dependent on them if my wife used them as co sponsor and Sponsor? 

our names on the lease for the apartment that we were staying at, some checks that she had deposited in my bank account time to time and photographs of us together for the whole time.  health insurance ( I'm under her health insurance). text messages when we were away. i Went to meet her family and have pictures of us celebrating birthday together privatelu. i just found out our gym membership for a month as well. we have tickets of other stuff but it doesn't say our names together. ill probably just submit all this cause i dont think i have anything more than this.

2 minutes ago, Ebunoluwa said:

That is not a lot, check out the ROC list in the guides to see if you have something you may not be aware of that you can use.

im worried now cause besides that i only have health insurance ( I'm under her health insurance). also idk if our text messages when we were away could work. i Went to meet her family and have pictures of all that but besides all these now i dont have much 

29 minutes ago, NikLR said:

Yes you can legally stay.  I hope you collected anything that proved you entered the marriage in good faith. 

so i don't have to do anything at least 3 months prior to expiry date right? I have lease for the apartment that we were staying at, some checks that she had deposited in my bank account time to time and photographs of us together for the whole time. it saddens me to core to even write this right now and realize that it's over. 

On 1/18/2017 at 0:05 AM, milaroy said:

Going on what you have told us there is nothing you really have to worry about. going by what you have said it sounds like you wife is an emotionally disturb person (EDP) and she does need help. Now in Massachusetts she can divorce you without you signing anything. It will be a contested divorce it will take some time but if she really wanted she can do this. My suggesting to you is not worry about the what if's. There are many pro bono. There are many law students who take on these cases and do well. As for the possibility of anything with the domestic violence... well in Massachusetts if she makes a police report that you physically assualted her the police will arrest you but this will not effect you immigration status. 

Working in law enforcement in Massachusetts suggest that you have as little contact with them anymore and build and live your life here. Educate yourself seek some free legal advise there are many resources in Massachusetts  

thanks for your reply! I've been trying to deal with all of these alone and now i just signed divorce papers yesterday.  my green card expires by end of 2018. can i still stay here until then without removing the condition? they are threatening me to leave this country or else they will file a domestic violence against me but i don't know how they will because we already signed the divorce paper yesterday which said we did it mutually because of unmet expectation and finance. 

1 minute ago, soulstriker said:

wheres is your wife from?

massachusetts

1 minute ago, rcripps said:

Oath means that she is legally telling to an official of the court or a notary that her statements are true. If she lies under oath, then the courts could throw her into jail. Thats the simple answer. A lawyer would give better answers. You might want to look into free legal advice. There should be some available to you.

thank you so much i just have one last question. how will they know that she is lying under oath? im trying to look for some legal advice now . thanks a lot

22 minutes ago, rcripps said:

So you think you wife is going to swear under oath that you beat her up many times? She says you "made" her hit herself. Telling a counselor these things does not mean a swearing under oath you did them.  I will give one piece of advice. At this point, stay away from her, don't talk to the parents. Only see her with a fair witness present. Don't sign anything they ask you to sign.

she probably will. but what is oath and how does it work here?  thanks for replying i really really appreciate it. youre the only person besides her parents i have talked to from last 1 week

2 minutes ago, rcripps said:

I'm telling you that you need to stop listening to her parents' threats. I have said they are empty threats a couple of times. Stop worrying about it.

ii just read this and it says that if there is sworn affirmation then its going to be a problem whether you are a us citizen or spouse of us citizen. when she went to counselling she has said how Ive made her hit herself and beaten her up in many occasions and all. isnt it a sworn affitmation? im sorry im really worried and depressed and very very scared. ill try my best 

One or more of the following criteria needs to be met to be accepted by the US Citizenship and Immigration Services (USCIS):

(1) Proof that the marriage was legitimate (“in good faith”), for example, photos, confirmation of shared property or leases, joint bills and other proof of a life together.

(2) Proof that you will endure compelling hardship if sent back to your nation of birth (example: poverty, business loss, etc.).  Or, if there are children of the marriage.

(3) Proof of having experienced abuse, torture, or mistreatment by the US citizen partner, with police reports or sworn affirmations from neighbors and relatives.

Just now, rcripps said:

They won't. It's a bluff/threat. Did you hit her? Restrain her? Threaten to harm her? Throw something at her? If no, then you probably have nothing to worry about and can jsut ignore them. They have to have "Physical" proof, police reports and hospital reports. They are just threatening you with the worst thing they can think of to make you sign a divorce document.

i never did any of those but what if she says that i have laid my hands on her couple of times and have done other stuffs? her parents told me that the police are easily going to believe it because she is a woman and its much more supported