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divorced without papers, can I do anything?

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  • divorced without papers, can I do anything?

    Hello,
    One and half years ago I was married to an american citizen . We were living and going out together as a normal couple but after some time being together he turn to be very mean and tried to hit me couple of times. He also decided not to file the papers for me. After few months of marriege my friends helped me to get devorce...I don't have any visa right now , because I thought that he would file for me ..
    I was wondering if I can do anything about it , even though I had been devorced for 7 months now.Or are there any options for me to get legal again ? Can I go to college without visa?
    Can anybody answer at least some of my qustions?

    Thank you and god bless you all!

  • #2
    Hello,
    One and half years ago I was married to an american citizen . We were living and going out together as a normal couple but after some time being together he turn to be very mean and tried to hit me couple of times. He also decided not to file the papers for me. After few months of marriege my friends helped me to get devorce...I don't have any visa right now , because I thought that he would file for me ..
    I was wondering if I can do anything about it , even though I had been devorced for 7 months now.Or are there any options for me to get legal again ? Can I go to college without visa?
    Can anybody answer at least some of my qustions?

    Thank you and god bless you all!

    Comment


    • #3
      How did you get into the US? Did you have a visa and overstayed? Enter the country illegally?

      You would probably need to call a lawyer and have them help you and tell you exactly what your options are.

      Comment


      • #4
        I entered legally on J-1 and then i overstayed. Do you know any good lawyers that don't charge much?
        Thanks Marie

        Comment


        • #5
          Honey,

          it is tough to get an US citizen sponsor, that is going to act like a human being, sponsor you when he knows why you are marrying him. Obviously he'll try to control you, dominate you - the only right thing to do is divorce him, as you did, and now hope for the best to come. What else can I say? Good Luck!

          Comment


          • #6
            The INS website says that you cannot adjust your status from a J visa.
            This page may help you. It's to determine eligibility to become a lawful permanent resident based on marriage.
            Even if you were still married, according to what I'm understanding on this page, it wouldn't do you any good.
            You may really need to consult with a lawyer. Try to find one that will give you a first consultation free. I don't know of any but I'm sure you can find one on this website.

            http://www.ins.usdoj.gov/graphics/ho...gibility.htm#a

            Comment


            • #7
              I wonder if you could apply for a waiver like the person a few posts down.

              Ask a lawyer..for sure!

              Good luck to you!

              Comment


              • #8
                I'm sorry to hear of your misfortune. I am somewhat in your situation (minus your marriage problem) I don't know what the intricacies of the law, especially in your case that concerns an abusive spouse, but I know this for sure:

                - If you are on a J-1, like I am, you must find out if you are subjected to the "2 yr. home residency requirement". This means you have to go home for 2 yrs before you can apply again to come back to the U.S. If you are subjected to this, and considering that you've already overstayed, you must apply and qualify for the home residency waiver, which is what I'm in the process of doing now. According to my lawyer, this is the first thing that needs to be taken care of since it was the last visa I was on.

                I know immigrants involved in abusive marriages have an avenue to take, but I beleive this usually involves while the battered spouse is in the paperwork process. Considering you've already divorced, and no immigration paperwork was filed, I don't see what can be done.

                I highly recommend you consult a qualified attorney and see what options are available. Yes it can get very expensive, but remember this: as the saying goes "an ounce of prevention is worth a pound of cure", what you spend now is well worth the price for your freedom. Consulting a lawyer will help settle your doubts rather than coming here for a solution. Best of luck!

                Comment


                • #9
                  thank you guys a lot . i'll try to find a lawyer and ask for advice.
                  thanks again.

                  Comment


                  • #10
                    You may qualify under the Violence Against Women Act that was passed by Congress.

                    As a battered spouse that was married to a USC, you do not need your ex-husband to sponsor you. You can sponsor yourself and eventually qualify for lawful permanent residency.

                    You do not need to be currently married in order to qualify. However, you need to prove that it was a good faith marriage.

                    You will need to complete a VAWA self-petition
                    (I-360 and G-28). If you need more help, please let me know.

                    Comment


                    • #11
                      I believe there is a two year application period if you are going to self petition. Make sure you have everything to back up your story. This will include Bills in both names, checking account statements in both names, school records of children, statements from family and friends, your statement, a copy of his birth certificate or Legal permanent Resident Card.

                      Comment


                      • #12
                        No, it does not take 2 years for a VAWA self-petition.

                        Currently, it is taking 1-3 months for INS to approve VAWA cases. Your case may take longer, however, if your case is complicated or INS requests addtl evidence.

                        Perhaps you are getting this mixed up with the rule that states that you may file a VAWA petition so long as you file WITHIN 2 years of your divorce AND the divorce was connected to the abuse.

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