Divorce for a Battered Spouse

[JaneMills 0]

Hi everyone,

hope somebody knows answer to my question. The thing is i got separated from my husband about 2 months ago after he battered me and threatened to kill( i have a police report, just got permanent restraining order for 5 years). The point is his mother just emailed me to find a way to give me the papers of Judgment for Dissolution ( i guess, their layer started divorce process)and she wanted me to sign it as both parties agree to everything. We don't have kids, so there is not much of paperwork. I guess they just want to finish everything as soon as possible without any extra moves.

I have a Conditional GC now. My question is as a battered spouse should i file a divorce myself, is there a specific way to file a divorce when Domestic Violence occured and does it even matter at all who the petitioner and respondent are or i may just cooperate with them and get done with everything? Will it affect (if he is a petitioner party) my papers when i apply for ROC? Or should i just ignore them and file a divorce myself as a petitioner as soon as possible?

P.S. My waiver for ROC will be baised on abuse.

Thank You in advance!

[Oksana & Max 94]

You already got a restraining order. It doesn't matter who filed for divorce. Just make sure you will get a full divorce decree and not just the dissolution. All divorce filings are the same they are divorces. Unlike in RUB countries they don't really ask why you want the divorce so it will never be on the divorce decree. If you trust your mother in law that they will forward you all the documentation from the divorce, then go this route. Otherwise just go ahead and file a divorce yourself.

Sorry to hear about your story and good luck.

[Nina~ 431]

I would advise you to hire a lawyer to read everything your MIL sends before you sign anything. A lawyer can also advise you on what your rights are.

[JaneMills 0]

You already got a restraining order. It doesn't matter who filed for divorce. Just make sure you will get a full divorce decree and not just the dissolution. All divorce filings are the same they are divorces. Unlike in RUB countries they don't really ask why you want the divorce so it will never be on the divorce decree. If you trust your mother in law that they will forward you all the documentation from the divorce, then go this route. Otherwise just go ahead and file a divorce yourself.

Sorry to hear about your story and good luck.

Thank you very much, I really appreciate it. I have another question: after divorce will be final, may I get a copy of a full divorce decree at the courthouse myself? Is it that simple as getting a copy of marriage certificate?

And after divorce will be final and while i am still on a conditional GC, may i leave the country? Or it may be too risky to enter the country back after divorce is final and still on CGC and DHS at the airport will see it?

Thank you very much!

[VanessaTony 3,567]

You cannot "file for divorce yourself". He's already filed. You only file once. You can DISPUTE the grounds and terms or go with everything he said. Make sure you read the papers carefully because sometimes they like the slip in bad wording.

It will be foolish to file ROC with an abuse waiver because you need to prove abuse AND prove relationship (and it takes longer). You are better of filing just with a divorce waiver because that's just proving relationship and is shorter than the divorce part.

You need to file for ROC immediately after divorce OR before your card expires, whichever comes first.

Thank you very much, I really appreciate it. I have another question: after divorce will be final, may I get a copy of a full divorce decree at the courthouse myself? Is it that simple as getting a copy of marriage certificate?

And after divorce will be final and while i am still on a conditional GC, may i leave the country? Or it may be too risky to enter the country back after divorce is final and still on CGC and DHS at the airport will see it?

Thank you very much!

You can leave yes but it IS risky because you are in breach of the conditions of your GC (the condition is you are married to your USC) and are technically deportable. This is why you need to file for ROC immediately after divorce to protect your status. File for ROC, wait for the NOA1 (extension letter) and biometrics and then leave. You can travel with the original extension letter no problem.

Edited March 8, 2012 by Vanessa&Tony

[leith@Ievgeniia 8]

You really have to find a lawyer! Don't sign anything until then! Very sorry to hear your story. How long have you been in USA?

[Oksana & Max 94]

I agree with other memmbers saying find a lawyer to look over the paperwork you are signing. It can be tricky. I read every single word when I was divorcing my first wife, her lawyer was saying can you please do it faster. I said not until I read and understand every single word and agree with that. There is a lot to consider when getting divorces, so make sure to read it carefully.

Not sure what state are you in. If you are in VA, I have a lawyer I can recommend.

[Oksana & Max 94]

You can leave yes but it IS risky because you are in breach of the conditions of your GC (the condition is you are married to your USC) and are technically deportable. This is why you need to file for ROC immediately after divorce to protect your status. File for ROC, wait for the NOA1 (extension letter) and biometrics and then leave. You can travel with the original extension letter no problem.

I don't certainly think it is risky. If she jsut want to go on vacation for a few weeks, there is nothing wrong with that. The conditional GC is given for 2 years, and it is as good as the permanent GC, just requires ROC at the end. As long as she does everything legally, and based on the situation OP is qualified for the waiver based on VAWA, so she should be fine with ROC as well.

Though I might recommend hiring an immigration lawyer handling the ROC, especially who have experience with VAWA waivers.

[VanessaTony 3,567]

I don't certainly think it is risky. If she jsut want to go on vacation for a few weeks, there is nothing wrong with that. The conditional GC is given for 2 years, and it is as good as the permanent GC, just requires ROC at the end. As long as she does everything legally, and based on the situation OP is qualified for the waiver based on VAWA, so she should be fine with ROC as well.

Though I might recommend hiring an immigration lawyer handling the ROC, especially who have experience with VAWA waivers.

Uh no. On divorce she is in breach of the conditions of her GC. If she leaves and they know she is divorced (say he reports her or something) she can be taken into custody by ICE on her return. This has happened to at least one person who was served with divorce papers at the airport.

It is wrong to assume just because she has a 2 year card and it's still valid she's fine. There are rules. She will be "breaking" one of them by being divorced. She should protect herself and her status by filing ROC asap after divorce and BEFORE she leaves the country. Then she's fine.

Edited March 8, 2012 by Vanessa&Tony

[JaneMills 0]

Uh no. On divorce she is in breach of the conditions of her GC. If she leaves and they know she is divorced (say he reports her or something) she can be taken into custody by ICE on her return. This has happened to at least one person who was served with divorce papers at the airport.

It is wrong to assume just because she has a 2 year card and it's still valid she's fine. There are rules. She will be "breaking" one of them by being divorced. She should protect herself and her status by filing ROC asap after divorce and BEFORE she leaves the country. Then she's fine.

May I ask you one more question? I am out of country right now, and i just got the email from my mother-in-law, that because he is about to proceed with a divorce, they want to let me know that "INS will be informed". I am coming back to the US in two weeks so may i have problems on checking point or only final divorce decree would may affect my situation while entering country back?

Thank you very much!

[leith@Ievgeniia 8]

"It is wrong to assume just because she has a 2 year card and it's still valid she's fine. There are rules. She will be "breaking" one of them by being divorced. She should protect herself and her status by filing ROC asap after divorce and BEFORE she leaves the country. Then she's fine."

Actually this case will be totally different because of BATTERING. She didn't do anything wrong, and as much as I know, at this point she can stay in US anyway.

And no you not going to have any trouble at the airport - you haven't been served with papers yet, process didn't even start!

GET A LAWYER!!!

[JaneMills 0]

It will be foolish to file ROC with an abuse waiver because you need to prove abuse AND prove relationship (and it takes longer). You are better of filing just with a divorce waiver because that's just proving relationship and is shorter than the divorce part.

Don't you think that in my case abuse is a stronger fact than a divorce just itself? I have proof of abuse ( pictures, damaged property, ripped clothes, etc), and prove of relationship as well. I just think its more important, don't you think so? And i don't want to be denied...;(

[VanessaTony 3,567]

Don't you think that in my case abuse is a stronger fact than a divorce just itself? I have proof of abuse ( pictures, damaged property, ripped clothes, etc), and prove of relationship as well. I just think its more important, don't you think so? And i don't want to be denied...;(

Divorce waivers are pretty routine. Abuse waivers are harder and typically only applied for if they've been unable to secure a divorce before filing for ROC. I would apply with a divorce waiver and use the abuse stuff as one of the reasons for the divorce (not that it really matter why you divorced honestly). As long as you have relationship evidence like joint taxes, joint bills and stuff like that you shouldn't have any issues.

[ceadsearc 515]

I agree with Vanessa. You CAN file with an abuse waiver but a divorce waiver is quicker, easier, and requires less proof. ROC with an abuse waiver, like VAWA, can take a long time to process.

As for getting your divorce decree - you should be able to go to the courthouse and request it. In VA they mail it to the other party as well but I have no idea if that varies state to state.

[JimVaPhuong 4,863]

Some issues to consider...

If you pursue a VAWA self-petition then you must prove that you entered the marriage in good faith, you must prove that you are a person of good moral character, and you must prove that you were subjected to battery or extreme cruelty. If you divorce before you submit your VAWA application then you must also prove that the marriage was terminated on grounds of physical abuse or extreme cruelty. This can be a difficult problem to overcome if you happen to live in a "no fault" divorce state, where the only grounds for divorce is irreconcilable differences. Divorce is a significant factor in a VAWA case because immigration benefits through VAWA are generally reserved for the spouse of the abuser. This is only a factor if the divorce is final before you submit your VAWA application.

I agree with the others. A waiver of the joint filing requirement based on divorce is much simpler. You only need to prove you entered the marriage in good faith, and that you are divorced (a copy of the divorce decree).

Vanessa is correct about the effect of divorce on your status. If USCIS becomes aware that you are divorced then they are compelled to terminate your conditional resident status, and you would be forced to immediately submit an I-751 self-petition to remove conditions. This is covered by INA section 216(b). If the divorce is finalized while you are out of the country, and your ex-husband notifies USCIS that you are now divorced, then CBP could seize your green card when you try to return. In most cases, they would allow you to be paroled into the US and schedule you for a hearing with an immigration judge to determine your status. However, your effective status would be that you are in removal proceedings. This is ONLY an issue if the divorce is final. A pending divorce has no effect on your conditional resident status.

Another potential issue is what your husband is telling USCIS. INA 216(b) also compels USCIS to revoke your conditional resident status if it's determined that the marriage "was entered into for the purpose of procuring an alien's admission as an immigrant". In other words, if they determine the primary reason for the marriage was to get a green card. If your husband makes this accusation against you, and provides USCIS with sufficiently compelling evidence to back it up, then you could find yourself in the same boat - your green card could be revoked when you try to reenter the US.

If you wish to remain a US permanent resident then I strongly suggest you get back into the US before your husband can finish the divorce. Don't sign anything related to the divorce without first consulting with an attorney.