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MihaelaNYS

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Posts posted by MihaelaNYS

  1. http://www.divorcenet.com/states/new_jerse...nce_and_divorce

    Look for COBRA coverage

    You got to pay for it if you want any.

    Unfortunately, I am in the same situation as you.

    ...I will look for an employer that offers health insurance...

    Unless is stipulated in the settlement, he doesn't have to pay for anything for you.

    Move on with your life, forget about him. You are on your own.

  2. Hi,

    I am getting ready to file my i-751 and I would like to know what evidence/documents I should attache for good moral character proof? Should I get a Police Character Certificate or any document?

    I got my divorce decree recently and the ground (that I filed my divorce on is) cruel and inhuman treatment (abuse).

    Should I check the "e" box on the petition (I-751) ??? I am not a spouse anymore, so should I only check "d"?

    Thank you,

    Mihaela

  3. Hi,

    I want to make sure I have all my documents ready to be sent for I-751. I file with waiver on abuse. I can get medical records and statement from my doctor (family physician) do they have to be notarized?

    Also, my psychologist asked me for guidelines on the statement for USCIS (since he never had to do this before).

    If anyone knows or used successfully this kind of documentation for I-751, please give me details.

    Thank you

    Mihaela

  4. If he files for constructive abandonment and the time when this started (1 year ago) is when you got your GC then it looks as if you dumped him once you got your residency card (this is what you don't want).

    The immigration lawyers that I talked to said that is better if the USC files for divorce.

    He is the one who wants out, then you cannot be acused that didn't try to make it work and only married him for GC....

    make sense?

    I am sure that each case is different ... just make sure you have ALL the possible evidences to proof a good faith marriage.

  5. "Before I sign the divorce, anything that I should ask from him? "

    - Yes! Ask him to write an affidavit/letter where he states that you had a true marriage relationship but it just didn't worked out.

    For whatever reason, all the immigration lawyers that I talked to advised me to get this letter....

    I personally didn't even tried because I filed on cruel and inhuman treatment and the abuser type won't cooperate anyway... I can't get "his belssing" but yours seems to be more of a reasonable person...

  6. "As far as I know, you don't need a ground for divorce in NY, if you sign a legal separation, and stay separated for one year. Then you can file for divorce, with no grounds. Someone correct me if I am wrong. "

    I just went throw a divorce (contested) in NYS so, I can tell you from my experience:

    - family lawyers will try to get all the money you have and then some!!... all of them, make no mistake! Don't ever trust them.

    - legal separation is the a long, unnecesary and unpredictable road, at the end of the year, if any of the spouses contests the agreement it's going to go on and on... at some expense! ... not recommended!

    The easyest and quickest way is for any of you (le't say him) to file the divorce and you will not contest it.

    Or the other way around.

    But be aware: the USCIS might want to see the complaint (allegations) and they will definetly see the divorce decree - where is mentioned the ground for wich your marriage was terminated.

    So, make sure you have a good story. Most couples agree to file under constructive abandonment (wich means that even thow you lived under the same roof, you didn't have marital relations for the last year - so, make sure that the ending of your marital sex life happened right when you got your GC.... because that would look suspicious - of fraud).

    Timing is important. Other then that, you could file for adultery on his part and if he doesn't contest it, you will get your divorce decree in a few months (3 or so - depending on the court's calendar for uncontested divorces).

  7. Johny buddy,

    I suggest you try to cancel - as a "first step" or take it as a "warm-up":

    - her driving license (in case she has one, if not, try to close down her personal bank account) this would be considered as "level one (of wife) extermination":

    if you are successful, congratulations!!!!

    you won enough credits to upgrade to "level II of extermination":

    - remove her name from all the titles, certificates or diplomas that she might have if she doesn't have any, then cancel her SSN!

    ...successful???

    Now you definitely have enough credits get to level III of wife extermination process:

    - cancel her green card!!!

    Welll.... in order to get this far, you need to be proficient and pass the 2 first levels ... let us know when you reached the level III!

    ... I am sure that there will be 2 kinds of people very intrested in finding you:

    - FBI

    - a bunch of a**holes that want to become level III players on the "wife extermination" game.

    P.S. There is also level 4: cancel her birth certificate - that's for professionals only! .... I have a gut-feeling you won't qualify anytime soon :devil: ... at any level.

  8. " If abuse is emotional, there is always the door you can walk out through. Simple as that."

    True, but I can tell from your posting that you have never experienced psycological and emotional abuse. It's far worse then the physical one.

    I give you an example of what can happen from my own experience: my USC husband and his parents threatened me with deportation in case I don't comply unconditionally with their demands, yealed, insulted and humiliated me as much and often as they could ....and one evening, one my best friends (an american woman) seeing that I am very depressed, tired and sad about the situation at my home, said: why don't you stay here, in my house tonight so you can get some rest and good night sleep. And so I did. I didn't shut down my phone, so if anyone would be looking for me, I can be reached over the phone.

    Next day I got a call from the police, the detective said that my husband filed a missing report on me, the police was looking for me.

    They found me all right, 2 rings later ... The abuser was playing the "victim" part.

    He made the situation looked as if I was the bad person who abandoned the family... and he was the nice, concerned husband.....

    So, the bottom line is this: before you leave the household, make sure that you know your rights. Document everything, otherwise, you might look like the bad person.

    Abandonment is ground for divorce (in some states).

    Emotional abuse doesn't heal as easy as the phisical one - ask any doctor and will confirm. Also, it's hard to prove so, use the help of a phisician/psychologist.

  9. "He also closed the joint accounts"...

    I don't see how he can do that without her approval. I know I've been in a situation where my abusive USC husband incurred debts on the joint account (overdrawn a lot) and when I went to the bank to pay off the debt so I can close the acc. (in fear that my credit is being destroyed) but I couldn't do it without my abuser's signature/permission.

    Regarding the abusive eviction: my husband threatened me a lot of times to throw me out of the house (which is on his parent's property, they own it) and in fear that this would happen, I went to see a family lawyer. Explaining the situation, the lawyer said: do you know that you can have him arrested? (just for threatening you with this)? His parents cannot throw you out of the house. They will need an eviction order. And they would have to evict the both of you.

    It is your right to reside with your husband no matter where he stays (even in his parents house if that would be the case)....

    well, try to document and be able to prove what happened.

    You can also check with an family lawyer in your state what are the wife's rights in this situation.

    I bet that she could move back in (or attempt to do it) with her husband. If his family puts up a fight, record their threats, call the cops, then file for an order of protection. If the judge won't order them to move out of their house, hey will order them to pay for your living in other place.

    At that point, you will have more then enough evidence of the abuse and file with an waiver.

  10. "...the problem with me was that i couldn't send them my divorce papers in time , becasue it wasn't finalized so they denied my case".

    Hi,

    I'll probably be in a situation somewhat similar to yours ... although papers have been filed with the court for more then a year ago to end the marriage, my husband, the USC doesn't want to give me the divorce so, I will have to file I-751 soon but still in divorce proceedings....

    What waiver did you filed? How did you self-petitioned?

    :huh:

  11. He is complaining she doesn't want to sign anything to give him the divorce.

    In case of a separation agreement both signatures are required. Basicaly both partners agree to live apart for a year (under the terms of the agreement, done with lawyers at the table). After that, if none of them want to get back together, it becomes an uncontested divorce on the ground of abandonment and goes on the court's calendar for uncontested divorce (awaiting for the judge's signature). If one of the spouses changes her/his mind then, it can take forever.... I know a case in NYS where they live apart for 10 years now and still no divorce decree...

    Another path is settlement (this one requires both signatures too).

    If he filed for divorce based on abandonment then he should be able to prove that she abandoned him (she changed address more then a year ago, has no financial ties to him - nothing jointly) if so, how can she contest that ?!

    As far as I know, the only way to get a divorce decree in a situation where the defendant is fighting it is to go to trial and let the judge decide.

    Otherwise is going to go back and forth between the lawyers, courts, and a pile of papers, a lot of money lost... until the fighting spouse decides to let go...... usualy depends on who gets broke first... :lol:

    There is no-fault divorce in NYS. It is very complicated and time consuming to get a divorce decree in a contested divorce situation.

  12. "A federal law called the Violence Against Women Act (VAWA) creates two ways for women married to U.S. citizens or permanent U.S. residents to get residency."

    Sure, you can call and ask left and right. Is good to know the options you have... it refers to I-360 (look up the net or forum, you'll find a lot of threads) but is more the case where the USC doesn't collaborate/help the immigrant to get residency, but you have one! You just have to remove the temporary condition.

    There are cases when the abuser doesn't help the wife to get her green card.... Newlyweds problems. :wacko:

  13. "How's life in the Hamptons? Must be hard livin' there. j/k

    -Yeh! It's not the place, is the people that can make your life miserable ... as anywhere on this Planet....

    "I have a reply to my allegations."

    - You have a contested divorce. (Like me).

    " Don't want to get into too many details, but I can assure you that this is just the waiting game."

    - Sure, on one hand, she has the right to defend herself and on the other hand, the waiting game is almost Always the lawyer's game - that's how they keep their job...more time, more money. Anything to prolong it, to milk you. (Mine is on payroll for over a year now, due to my spouse, the USC who is unwilling to sign the settlement).

    The waiting game will ruin you financially (or so it is in most cases). The only other option is to go for the trial but you have to tell your lawyer that that's what you want. He/she will try to convince you that that's a very expensive deal ... and maybe talk you out of it.

    In a the trial is all or nothing - the judge decides.

    If you cannot prove the ground you filed for, he/she might not grant you the divorce.

    Soooo,.... what do you think? Do you have enough evidence and/or a good speach/story to convince the judge???

    If so, go for it! You might just get your decree (without your spouse approval or signature).

    Still, why wouldn't you wait for her to receive her GC (from what you said, apparently she should get it soon) ???

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