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Should i get a divorse or stay and get my green card?

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  • Should i get a divorse or stay and get my green card?

    I got married to a US citizen last August(2001), since the day we've got married our relationship has been nothing but a terrible disaster. I didnt know he was such a jerk!. I have a daughther 17-years old and my husband physically abused her this one time and he still hurts both of us emotionally and mentally.

    My visa has expired 2 years ago, its very hard for us to stay with him , everytime we get in to a fight he would say he'd go to the Immigration center and cancel all the filed documents(for green card).

    I have received my Employment Authorization 2 months ago, now i'm waiting for my green card.

    In My case please suggest what i should do?

    I am ready to get a divorse but should i still get my green card?

    I really appreciate your answer.
    Sincerely Kinoto,

  • #2
    I got married to a US citizen last August(2001), since the day we've got married our relationship has been nothing but a terrible disaster. I didnt know he was such a jerk!. I have a daughther 17-years old and my husband physically abused her this one time and he still hurts both of us emotionally and mentally.

    My visa has expired 2 years ago, its very hard for us to stay with him , everytime we get in to a fight he would say he'd go to the Immigration center and cancel all the filed documents(for green card).

    I have received my Employment Authorization 2 months ago, now i'm waiting for my green card.

    In My case please suggest what i should do?

    I am ready to get a divorse but should i still get my green card?

    I really appreciate your answer.
    Sincerely Kinoto,

    Comment


    • #3
      Kinoto,

      There are some posted msgs that can help you out in this matter...

      But i been getting in this topic (immigration) because its really interesting.

      I dont think you NEED stay married with THAT kind of husband you got married with, it is a process where you can file a form and send it to INS, but if you find a lawyer and you can any prove of what your husband did to your kid and to you there is a big help in you process.

      'Til i know... divorce does NOT mean green card cancelation.

      Hope you find what your looking for,

      Alien?

      Comment


      • #4
        I would suggest you go to a lawyer because if your husband abuse your child and you have some kind of proof tell your immigration lawyer about it. Do it immediately, don't hesitate because time is very important. Good luck.

        Comment


        • #5
          Try this page:
          http://www.ins.usdoj.gov/graphics/howdoi/battered.htm

          It gives info but I agree, go see a good lawyer and see what you can do. You don't have to stay married to an abuser just to get your green card.

          Best of luck to you!

          Comment


          • #6
            It's wise to get yourself out of the situation asap. Out of curiousity, couldn't you have seen this coming while you were dating him?

            Comment


            • #7
              You would be surprised how many people change after getting married.

              Comment


              • #8
                You do not need to remain in the marriage to obtain a green card.

                The VAWA act allows battered spouses/children to self-petition

                You may file on behalf of BOTH you and your daughter based on the abuse to your daughter by your USC husband.

                You will need to complete I-360.

                If a I-130 was already filed, you can ask INS to capture the I-130 priority date and TRANSFER it to the I-360.

                If you need more information or would like help, please let me know.

                Comment


                • #9
                  When you are applying for a VAWA (self petition) make sure you have US Birthcertificate or copy of Green card -=without it you have no hope. Also make sure you have plenty of documentation. Photos of marriage, abuse, witnesses, proof that you were in fact living in one household - you don't need an attorney to process it is a very basic application ( I did one myself!) and the most important is a letter of facts from you stating your life with this abusive spouse _ be specific - around 10 pages +. Any questions just ask.

                  Comment

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