Ambitioust

Thank you everyone for the tremendously great advise on my situation and circumstances. I knew VJ was the place to come.

Ok so let me get this straight. Despite I have received the letter from Homeland Security telling me that up on withdrawal on my joint removal application my status was terminated and I no longer have the right to reside and work in the US, I should go ahead with re-filing the removal asap? This makes sense to me BUT I am concerned if I do this I am not following the letters instructs as I was told on the phone. Yeh yeh, I know USCIS helpline is garbage I'm very aware but I don't want to cause EVEN MORE problems than I already have you know? Plus I can't have $535 going down the drain.

Up on looking over the advise would you say it would be a bright idea in my case to do like you have suggested and refile asap but bring a copy of the entire application to the appointment with the judge as I assume that will still happen despite me refiling now or not?! If you don't understand what I mean I will try and rephrase.

As far as grounds of refiling. I can and have provided up to this point evidence that I entered this marriage is good faith. That is not a problem for me. What I'm gathering is likely to be an issue is my lack of 'official' evidence of spousal abuse. I did have a feeling way in the beginning that me not calling the cops when he was physically abusive would not be in my favor in the long run but I'm hoping the judge will understand that I didn't because so much was at stake. My families safety for example. I was deadly afraid of him. Despite my fears I hung in there as long as I could for everybody elses sake. It may seem stupid but I depend on not only my own family back in England but his family. Ever since his brother and sister-in-law became aware his mother was abusing and neglecting me they took me under their wing, they cared for me and made me grow in so many ways. I felt my duty was to stick in there long enough for them to become financially stable enough to survive without him. They were very dependant of my abusive husband financially because they were in the middle of buying a house. If I would of gave up a long time ago their home would of been taken from under them. My nieces that were 2 and 5 at the time would of been heartbroken. They didn't ask me to stick in there. In fact they encouraged me to call the cops. I just couldn't cope with the guilt knowing everybody's lives would of been turned upside down if he left at the wrong time. So I stuck in there. There is though a police report documenting when I was taken to the hospital when I let them know I was being abused and neglected by his mother. The case was later dropped through lack of physical evidence. It was my words against hers. She told the police some sob story how she was just overwhelmed. I don't know exactly what was written about it. There was another instance on my 21st birthday when he rammed into a friend of mines shins, influenced by alcohol he thought this guy was not allowing him into the house. The neighbor called the cops thinking his story was true! I asked my sister in law if there was an actual police report on that instantly as they did come out and investigate. She doesn't think there is. But I thought every police matter is documented somewhere? Is she wrong? My sister-in-law and some of her friends and even my nieces who I've grown so close too are willing to go up on the stand for me and write witness reports for my application on abuse. As they have witness several events over a long period of time of emotional and physical abuse.

Do you think witness letters would be in my favor in applying under those grounds seeing as I don't really have any police reports? And would it be in my favor to get the police report from when I almost returned to England as proof of me attempting to seek a safe haven? My sister-in-law could also write I spent many days at her house which technically I fled to for safety. Would that count?

Divorce. There is absolutely unless by some miracle I can afford to file for divorce here. Are you telling me if I file removal under abuse at some point in order to go through with that I would definitely need a divorce decree? I had to borrow money from my parents in England to refile. Other than that I have 3 dollars to my name and my sister-in-law is solely supporting me. My disability benefit is all up in the air after closing the joint bank account with Him after I decided I couldn't hang in there anymore. My benefits were being directly deposited into that account and he was sucking me dry every month. I'm trying to get the direct deposit transfered to my new bank account but because of the whole mail delays with the volcanic ash its been weeks of a nightmare. I even tried faxing over the info. Thats a whole other story!

Anyway everybody again THANK YOU so much. I'm looking forward to hearing your continued advise on my current questions.

Hello VJers,

Long time no see. I'm an old face with a new name. Unfortunately my circumstances prevent me from telling you who I really am. If you wish to know please PM.

Here's my situation.

I've been in the US for 3 years plus now. My new life has been hell on earth. First I suffered emotional abuse and severe neglect by my U.S spouses mother who had prior to my arrival agreed to be my caregiver as I suffered from a disabling illness. My husband sat back and watched it all happen and did nothing but blame me for my circumstances. In 2008 I attempted to escape my situation and almost returned to the UK. After a lot of convincing from my spouse and a lot of promises I decided to stay to give it another try without his mother in the picture. First few months of us living in our own place were good. I thought things were looking up. Until he started trapping me in the apartment and threatening me. He has thrown things at me and physically hit me on my 20th birthday because my sister-in-law took me for a pedicure. He would throw a fit every time I'd try and leave the house even to go to the store to get my medication. I convinced him to get a psychologist who apparently diagnosed him with post traumatic stress disorder and anxiety because I attempted to leave the country to save myself. I do not know if this is true. Four months into my arrival he also started an emotional relationship with some woman from texas online. This led to several other women. Never in real life. But he would preform virtual sexual acts with them. I spent most of the time over at my sister-in-laws house when I could get out the house afraid to go home. I was afraid to call the cops when he acted out. He told me he'd hurt my family. Eventually we had to move in with my sister-in-law so she could better look after us. He's disabled too. He ended up acting out infront of her two young children. He would ram me with his electric wheelchair in a fit of rage. Keep me awake every night wearing me down mentally trying to get me to break. Telling me awful things how I could never leave him, my parents don't want me. I'm pathetic and retarded.

The last few months he's been threatening to move out of my sis-in-laws house. Claiming I'm not trying in our relationship. How can you try with someone whos abusive both emotionally and physically. Everything I once saw in him is gone. He finally moved out a few weeks ago.

I called USCIS to figure out what I can do about my joint application to remove conditions. A lady instructed me to write a written withdrawal and then reapply under terms of a waiver on spousal abuse. I wrote the letter and immediately send it then started working on evidence for the new application to remove conditions. Plus getting the money to do so. Three days ago I get a letter from homeland security telling me upon withdrawal my conditional status was terminated. I no longer have the right to live and work in the US! The lady on the phone did not explain that they would do this. It also stated I could not appeal the decision but I could ask for a review of the case in front of an immigration judge. I wrote back right away explaining how the lady instructed me and requested a notice to appear.

I am at a loss on what to do here! I've been through so much and now it looks like because some lady misinformed me they're going to kick me out. I called USCIS again and explained my situation. They told me to do as the letter instructed. They couldn't give me anymore info! I asked if they could listen to the phone call from last month and find out who instructed me because my young niece got hold of the paper the ladys name was written on. Another lady told me she couldn't do that! She was terribly sorry.

What I need to no is after I tell the judge everything thats been going on. Does anybody here think I have a chance to stay in this country? Would it benefit me to continue putting together the new application and bring it to the appointment and hand it over?

Please don't tell me I need a lawyer. I can't afford one.

Ambitioust